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| - Fact Check: Justice delayed, but these men didn't spend 20 years in prison
India Today Anti Fake News War Room (AFWA) has found that though 122 persons have recently been acquitted by a Surat court for lack of evidence after a long drawn legal battle that began in 2001, they did not spend 20 years in jail.
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India Today Fact Check
Although 122 persons have recently been acquitted by a Surat court for lack of evidence after a long drawn legal battle that began in 2001, these people did not spend 20 years in jail. They were out on bail after spending a few months in prison.
A picture of a group of people is being circulated on social media with the message that a court in Gujarat acquitted 122 Muslim men after they spent 20 years in prison for alleged links to banned outfit SIMI.
The message, being widely shared on Twitter and Facebook, says: 20 years in prison for the crime never committed. Gujarat court acquits 122 Muslim men arrested in Surat in 2001 under UAPA for allegedly being members of banned outfit SIMI. The court said, “Prosecution failed to produce cogent, reliable and satisfactory evidence that they belonged to SIMI”. This is how the judiciary functions in the world’s largest democracy.
India Today Anti Fake News War Room (AFWA) has found that though 122 persons have recently been acquitted by a Surat court for lack of evidence after a long drawn legal battle that began in 2001, they did not spend 20 years in jail. They were out on bail after spending a few months in prison.
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The truth
On Saturday, March 6, a Gujarat court acquitted 122 people arrested in Surat in 2001 under UAPA for allegedly being members of banned outfit SIMI. The court observed that the prosecution failed to produce “cogent, reliable and satisfactory” evidence. This was widely reported by the national media.
Since it took 20 years for the court to acquit these people, many on social media reacted sharply against the judicial system. Actor Swara Bhaskar was one among them. “Let’s simplify this. More than a hundred Muslims spent 20 years in jail or under trial over false terror charges.. 20 years!!!! Let. That. Sink. In,” she tweeted.
Senior IPS officer Arun Bothra replied to Swara’s tweet, saying, “1. Court took 20 years to decide. This doesn’t mean they were in jail for 20 years. All of them were on bail. 2. There is a difference between false charges & charges not proved. It’s not the same. Not justifying agony due to delay in the judicial process. But half-truths are dangerous.”
India Today contacted the defence lawyer in this case, Abdul Wahab Shaikh, who confirmed that all the 122 persons were out on bail after spending a few months in jail. As per “The Times of India”, after getting arrested, most of the accused spent at least nine months in jail before being granted bail.
“The Indian Express” said that among those acquitted, “Seven have died and the case against them was abated, and five are in jail for other offences, while four others are bedridden.”
But none of those acquitted spent 20 years in jail.
As per the reports, 127 persons were arrested by Surat’s Athwalines police on December 28, 2001, under various sections of UAPA. There were allegations that these men were members of the banned outfit SIMI and were organising a meeting to expand their activities.
The long-drawn legal battle came to an end on March 6 when the court of Chief Judicial magistrate AN Dave acquitted them due to lack of evidence.
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