Zakariya, a Muslim youth from Kerala, has remained behind bars for 16 years without a conviction under the Unlawful Activities Prevention Act (UAPA). Arrested at the age of 19 for alleged involvement in the 2008 Bengaluru blasts, he continues to be incarcerated in Karnataka despite a lack of evidence and the retraction of key witness statements.
On February 5, 2009, Zakariya, a resident of Calicut, was taken into custody by Karnataka Police while on his way to work in Malappuram. His family remained unaware of his whereabouts until four days later, when he managed to inform them of his arrest. Authorities accused him of providing technical assistance for the bombings, but his trial has dragged on without a verdict.
Human rights activists and his family have been advocating for his release, arguing that his prolonged detention is unjustified. The Free Zakariya Action Forum, along with the Association for Protection of Civil Rights (APCR), has taken up his case. Noushad NM, president of APCR’s Kerala chapter, condemned his imprisonment as a violation of human rights, highlighting that he was denied bail even to visit his terminally ill mother, Beyummah, a cancer patient.
Zakariya lost his father at the age of 10, leaving his mother dependent on relatives for support. She recalls that Kerala Police had visited their home a day before his arrest, inquiring about a passport application. It was only later that she learned of his detention.
In a significant development, two key witnesses retracted their statements, revealing that they had been forced to sign documents in Kannada—a language they did not understand. Despite this, Zakariya’s bail pleas have been repeatedly denied. Over the past 16 years, he was granted parole only twice—once for his brother’s wedding and later for his funeral.
Noushad expressed concern over the slow judicial process, noting that Zakariya’s case is handled by an NIA court that convenes for just an hour each month, making a timely trial nearly impossible. He also pointed out that Zakariya has already spent the equivalent of the maximum sentence for his charges but remains incarcerated.
Drawing parallels with the cases of anti-CAA activists Umar Khalid and Sharjeel Imam, Noushad argued that UAPA disproportionately targets Muslim prisoners, making bail nearly unattainable.
In September 2020, Zakariya’s mother approached the Supreme Court, challenging the constitutionality of UAPA and calling for its repeal. Her petition underscores the alleged misuse of anti-terror laws and demands justice for her son and others facing prolonged incarceration without trial. (With inputs from agencies)