Madrasa Teacher Riyas Moulavi Murder Case: Kerala HC Stays Trial As Wife Asks Why UAPA Wasn’t Invoked Against Accused

The Kerala High Court has stayed the trial in the case of Madrasa teacher Riyas Moulavi’s murder after his wife petitioned that the trial in the matter without incorporating provisions of the Unlawful Activities Prevention Act (UAPA) would be denial of justice to her and send a wrong message to the society.

Justice B Kemal Pasha stayed the trial in the matter pending before a Sessions court in Kasaragod, which was likely to start the trial from Tuesday.

Saida’s husband Mohammed Riyas, 34, was murdered in Old Choori inside Old Juma Masjid allegedly by RSS workers on March 20 last year.

Police had arrested 19-year-old Nitin, 20-year-old Ajesh and 25-year-old Akhilesh in connection with the murder and charge sheet has already been filed before the trial court.

The Sessions court had last month dismissed Saida’s plea for invoking Section 16 of the UAPA after which she moved the high court.

Before the high court, Saida was represented by advocates P Martin Jose, MA Mohammed Siraj, Githesh R, Prijith P, Thomas P Kuruvilla, Ajay Ben Jose and Manjunath Menon.

The 22-year-old Saida had, in her petition, told the high court that the accused were active RSS members and the police had filed a final report against the trio under Sections 449 (house trespass), 302 (murder), 153A (promoting enmity on ground of religion), 295 (defiling place of worship), 201 (destruction of evidence) r/w 34 (common intention) IPC.

The final report, she said, alleged that the accused on the date of incident had gone to several places seeking an opportunity to murder members from the Muslim community and that ultimately they reached in front of Mohiyudheen Juma Masjid at Old Choori where they murdered her husband.

“The activity of the accused is a terrorist activity coming within the purview of the provisions of the Unlawful Activities (Prevention) Act 1967. The intention of the accused to strike terror among the members of the Muslim Community is writ large from their activity. They have used lethal weapons for the purpose of causing death and injuries to the persons belonging to the Muslim community. Hence, the act on the part of the accused is a terrorist act coming within the purview of Section 15 and punishable under Section 16 of the Unlawful Activities (Prevention) Act – 1967,” she said.

Saida alleged in her petition that in spite of the existence of all evidence, the State and the police have so far not taken any step to incorporate the offence under Section 16 of the Unlawful Activities (Prevention) Act, 1967, in the charge against the accused.

The petition also said it is understood that the Special Prosecutor had written to the Superintendent of Police stating that there was sufficient material and evidence to incorporate Sections 15 and 16 of the UAPA.

Saida also submitted that the murder of her husband was not an isolated incident in the locality but the fourth such case within the radius of 2 km.

In 2008, one Mohammed was murdered, in 2011, 24-year-old Rishad was hacked to death while in 2013, one Sabith, aged 19, was also brutally murdered by RSS workers, she said.

She said the Sessions court erred in dismissing her plea for invoking the UAPA on the ground that she had approached the court at a very belated stage when the trial is scheduled to start in a few days.

It was further submitted that “the trial of the above case is scheduled to start on 05-03- 2018. If the trial is commenced during the pendency of above Criminal Miscellaneous Case, the purpose of the case will be defeated and become in-fructuous. Therefore it is just and necessary to stay the trial pending before the Sessions Court, Kasaragod”.