Mumbai: The special NIA court has refused to grant 20-day interim bail to Shamil Nachan, son of Saquib Nachan, following his father's death, observing that prayers can be offered from anywhere and personal presence at the cemetery is not necessary.
Shamil had approached the special court seeking interim bail for 20 days to perform various rituals after his father's death. He was arrested in August 2023 by the NIA for his alleged links with the Islamic State of Iraq and Syria (ISIS) module and a network accused of radicalising youth.
The plea was opposed by the NIA, which claimed that Shamil is an active member and a main conspirator of ISIS, a banned organisation involved in terrorist activities across India.
The NIA said his father Saquib Nachan was also ex-secretary of the banned organisation the Students Islamic Movement of India (SIMI).
Shamil's lawyer, Mobin Solkar and Tahira Qureshi had contended that as per Muslim rituals, Quran Khwani has to be arranged. During the period of 20 days after death, the burial ground has to be visited twice a day to offer prayer. Prayers are to be arranged on 10th, 20th and 40th day after the death. Qubar/grave of the deceased has to be restructured. For that, presence of this applicant, being a son, is absolutely necessary.
The court, however, said that the plea was moved before the Bombay High Court, which thereafter had directed the special court to hear and decide the plea. With this, the court said if the plea had to be decided only on the basis of humanity, the high court would have disposed of the matter. However, here the surrounding facts are also required to be considered.
On the religious practice for which the temporary bail was sought the court said, “In Islam, the very common practice after death of a close relative is gathering to offer condolence to the deceased's family and relatives in the graveyard, house or mosque. Surprisingly, this is a hereticle action that has no basis in Islam.”
The court further said, “To mourn the death of his father, this applicant/accused Shamil can offer prayer from anywhere. He need not personally and physically be present in the graveyard. Moreover, his real brother is well there, out throughout.”
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