Abdul Wahed Siddibapa's bail application put on hold, as Delhi High Court changes NIA judge at 11th hour, say senior lawyer
03:26PM Tue 6 Nov, 2018
Bhatkal 6 November 2018: (Bhatkallys News Bureau) Abdul Wahed Siddibapa's bail application in a special NIA court was put on hold as the Delhi High Court at 11th hour issued a notification to change the judge in the special court, further prolonging the wait of Wahed's family of his homecoming.
Poonam Bamba who was in-charge of Siddibapa's case at special NIA court in Delhi was replaced by Rakesh Sahana, with immediate effect after Delhi High Court issued the notification. Rakesh will now take up the case for first hearing on November 30, where he is expected to extend date for next hearing citing requirement of more time to study the case completely, according to Advocate Abubaker Sabaq.
Speaking to Bhatkallys.com Advocate Abu Bakar Sabaq, Senior lawyer and Association for Protection of Civil Rights, APCR National coordinator, who is also closely monitoring Wahed's case added "We were pretty sure of his bail, but the notification turned into hurdle for us, which will now mean the new judge will study the case from the beginning and will take his own time before coming to conclusion"
Asked about the approximate time it will take for the case to peddle back to the same scenario Sabaq added that it will at least take six months time before we can once again hope of securing bail.
According to Sabaq, this is the sixth time a judge has been changed in the case since the proceeding of the case began in 2013.
Sabaq also adds that at times this process results in innocents pleading guilty in courts as pleading guilty will resulting in them being sentenced for 5-7 years of imprisonment unlike pleading not-guilty which will mean that they will have to be in jails without bail for 15-20 years.
Earlier in October while speaking to Bhatkallys.com Sabaq and Wahed's lawyer MS Khan were confident of securing bail for Wahed as they claimed that NIA has failed to prove the allegations labelled against Wahed, Sabaq however remains confident but is concerned that changing of judge means the 'case starts from zero again'.
READ ALSO: ‘Abdul Wahed Siddibapa will secure bail on November 1’ hopes his lawyers in an exclusively interview with Bhatkallys.com
Wahed's wife back in Bhatkal speaking to Bhatkallys.com expressed her disappointment over the development of the case and added "I don't know why they are frequently changing the judges, it is resulting delaying of justice to my husband, who is arrested on allegations of terrorism while he is an innocent and law abiding citizen of the country. This is the same country where delayed justice amounts to denied justice, why is our case different then?? Wahed wife questions.
"My children did not meet their father for last two years, as I couldn't afford to go to Delhi and meet him, we only speak on call, my children questions me every now and then that when are we going to meet him. Our judicial system is responsible for this agony at our home, the NIA arrested him with false allegations, but what is the judicial system doing? Changing judges when justice looks almost coming to us? Is this what it is supposed to do? a sobbing wife questions.
Wahed's Advocate MS Khan, who is on Umrah pilgrimage was unavailable to comment on the issue.
(Bhatkallys News Bureau/ Ismail Zaorez)