Supreme Court refuses relief to Asim Shaikh who alleged filing of false POCSO, terrorism cases

The Supreme Court today refused a petition filed by one Asim Shaikh seeking recalling of "false and frivolous" cases registered against him under the Protection of Children from Sexual Offences Act (POCSO) and the Gujarat Control of Terrorism and Organised Crime (GUJCTOC) Act.

A bench of Justices Vikram Nath and Sandeep Mehta asked Sheikh to approach the High Court for relief. The petition was dismissed as withdrawn.

Shaikh also sought adequate compensation for loss of dignity, reputation and violation of his fundamental right by handcuffing and publicly parading him in the POCSO aka love jihad case. He also sought compensation for 'arbitrarily demolishing of his father's residential property of 15-20 years old without due process'.

Sheikh, a resident of Khergam Gujarat is accused of love jihad through a case filed against him u/s 376(2)n, 323, 504,506(2), 114 of IPC and section 8 & 12 of POCSO Act wherein the victim belongs to the Hindu community.

While Sheikh was out on bail another case was filed against him under section 392, 384, 504, 506(2), 114 of IPC and section 3(1)(2), 3(2),3(4)of the Gujarat Control of Terrorism and Organized crime Act,2015 (GUJCTOC Act).

In the GUJCTOC Act case, the other accused are Sheikh’s father Nizam Shaikh, his brothers – Naeem, Nadim, Saddam and Nigam – and another gang member, Arbazali Saiyed. As per the police, Shaikh was operating a crime syndicate with his family members. Cases of bootlegging, creating fear, kidnapping, extortion, money laundering, attempt to murder, robbery and rape, among others.

It is Shaikh's case that he was selectively targeted by the authorities to gain political mileage. "The Petitioner and his family are living in fear of being implicated in more false cases/ complaints with ulterior motive by misuse of powers by the respondent state and its machinery and also fear for their life," the petition stated.

Supreme Court was further told that the respondent state authorities was working in tandem with each other only to tarnish his reputation and shame him for belonging to minority community which was evident from the news item circulated in the local daily Sandesh Gujarati Paper when his residential property was demolished in full public view with ulterior motive for political millage only to name and shame him and his reputation on the basis of false cases registered in the name of his father.

The petition was filed through AOR Pinky Behera.

Case Title: ASIM NIZAMMIYA NURMAHMAD SHAIKH Vs STATE OF GUJARAT