Restricting Zabiuddin from meeting a lawyer is denial of fair trial: Adv Naqvi complains to Human Rights Commission


Arthur Road Jail

By A Mirsab, TwoCircles.net,


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Mumbai: Upset with repeated denial of a meeting with Zabiuddin Ansari, an accused in 26/11 Mumbai attack by Arthur Road Jail authority, his advocate has complained to State Human Rights Commission (SHRC) and Bombay High Court requesting to protect his fundamental rights of fair trial and justice.

Advocate Asif Naqvi on Saturday sent a letter to SHRC and chief justice of Bombay High Court bringing to their notice how he was treated by Jail authority when he went for a meeting, made him to sit for 2 hours and then refused a meeting even though before conviction of Ansari he would regularly meet him at jail.

On July 28, Mumbai session court convicted 12 accused including Zabiuddin Ansari in Aurangabad Arms Haul case and sentenced him to life imprisonment. He is presently lodged at Arthur Road jail facing a trial in 26/11Mumbai attack case in a court established inside the jail.
“The Jail authority is purposely not allowing the accused to meet his advocates which is a denial of right to fair trial, equity and natural justice,” Naqvi wrote in a letter.

Speaking with TwoCircles.net he told, “I had gone to meet him at Jail to take instructions in regards with the appeal against his conviction and also regarding two pending petitions before Bombay High Court. Initially I was made to wait for 2 hours, then my valet and mobile phone was confiscated and asked to go inside where an officer came with instructions from his superiors saying I was not allowed to meet Ansari.”

“I told him that I was the advocate on record for him in Aurangabad Arms haul case and for two petitions in Bombay High court. I did show them wakalatnama but I was blatantly refused a meeting”, he explained the incident.

A week later Naqvi again applied for an interview but he was denied it once again by Jail authority.

“I am receiving letters from Ansari requesting to meet him at jail as he desperately wants to talk with me regarding appeal and petitions but jail is repeatedly not allowing an interview with him which is unjustified and violation of his rights”, Naqvi added.

Naqvi now hopes that his complaint will be seriously considered by SHRC and it will intervene in the matter to uphold rights of a prisoner. He also expects Bombay High Court to turn the complaint into a writ petition and an appropriate order may be issued by court against jail authority.
“It is every accused person’s right to meet with a lawyer irrespective of he being under trial or convicted, I strongly expect high court to come down heavily upon jail authority for this denial of meeting”, Naqvi asserted.

Since his arrest in 2012, Ansari is lodged under solitary confinement at Arthur road jail. He was on hunger strike for nearly two months against solitary confinement but had to break it after his mother intervened. His petition to remove him out of solitary confinement is pending before Bombay High court.

Related:

A torture tale of 26/11 accused: 33 months solitary confinement, trial in absence and now hunger strike

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