Read Time: 04 minutes

Synopsis

The Allahabad High Court has refused bail to Syed Asim Ali, an accused in the conspiracy to murder Hindu Samaj Party leader Kamlesh Tiwari over his alleged remarks against Prophet Muhammad.

The bench of Justice Saurabh Shyam Shamshery described the case as one fueled by "extreme communal hatred," culminating in the "brutal daylight murder" of Tiwari.

On October 18, 2019, two men Asfaq and Moinuddin, in a planned manner, entered Kamlesh Tiwari’s house in Lucknow’s Khursheed Bagh neighborhood and in broad daylight, brutally murdered him by slitting his throat and shooting him.

The court was informed that in 2016, the two named accused in the FIR—  Mohammed Mufti Naeem Kazmi and Imam Maulana Anwarul Haq, issued a Ferman (Order) and offered a reward of Rs. 51 lacs and Rs. 1.5 crore to anyone who caused Tiwari's death. 

During the investigation, Police detected a large conspiracy and later filed the charge sheet against 13 accused persons including Ali.

Seeking relief before the high court, Ali's counsel argued that he was not the main assailant and that as per the best evidence available with prosecution, he had only made repeated telephone calls to the main assailants who, in their confessional statements, allegedly assigned the role of providing them legal aid to Ali, in case of their arrest. 

Court, however, opined that there was substantial evidence that Ali was involved in crime and was part of a larger conspiracy.

Moreover, court pointed out the reasonable apprehension of the witnesses being influenced in case of Ali's release considering the manner of assault and larger conspiracy in the matter. 

Therefore, court rejected Ali's bail plea. 

However, considering that Ali had been in jail since October 2019, court directed the trial court to comply with earlier direction to expedite the trial and held that if the trial is not concluded within a period of one year, Ali may move a fresh bail plea.

Case Title: Syed Asim Ali v. State of U.P.