Concerns over illegal detention of brothers by NIA in Rameshwaram Cafe blast case

The arrest of two brothers from Karnataka’s Hubballi by the National Investigation Agency in connection with the Rameshwaram Cafe Blast Case cast doubt upon their arrests, whether their detention falls under illegal detention for not complying with the legal procedures and the Supreme Court’s order.

In a coordinated operation on Tuesday, May 21, a team from the NIA, along with local Hubballi police, conducted a raid on the residence of Shoaib Ahamed Mirza, a 34-year-old engineer, and confiscated a laptop and two mobile phones. According to The Wire, Shoaib and his elder brother Aijaz, both employed at a private IT firm in Bengaluru, were taken into custody without being served arrest notices.

The NIA did not provide the brothers with arrest notices as required under Section 41A of the Code of Criminal Procedure (CrPC). Instead, they were given notices under Section 160 of the CrPC, which only allows the police to require the attendance of witnesses, The Wire report said.

The witness notices mentioned case number ‘01/2024/NIA/BLR’, related to the Rameshwaram Cafe blast case in Bangalore on March 1, which injured over 20 people. On April 12, the NIA had arrested Mussavir Hussain Shazib and Abdul Matheen Taha, alleged masterminds of the blast, from Kolkata, West Bengal. These arrests were part of an ongoing investigation into the incident.

Throughout Tuesday, all the major media outlets reported the NIA raids in connection with terror links in 11 locations across Karnataka, Tamil Nadu, Andhra Pradesh, and Telangana; however, they did not mention any new arrests in connection with the Rameshwaram blast case.

As per the report, Shoaib and Aijaz were served notices early in the morning directing them to appear at the NIA branch office in Bengaluru by 5 pm on May 21—an impractical demand given the 420 km distance between Hubballi and Bengaluru, which takes over seven hours to travel by road.

The absence of an arrest warrant and the subsequent press note from the NIA have left the Mirza family in distress. Shoaib’s wife, Lazina, who is three months pregnant, expressed concern over the lack of communication from the authorities regarding the brothers' whereabouts.

This incident is not the first time the Mirza family has faced legal scrutiny. In 2012, Shoaib was arrested for his alleged involvement in a Lashkar-e-Taiba module accused of plotting to kill Pratap Simha, a right-wing columnist and former Bharatiya Janata Party MP.

Aijaz, who was then working with the Defence Research and Development Organisation (DRDO), was also arrested but was released within six months after being wrongfully implicated. Despite his release, Aijaz lost his job at DRDO. Currently, both brothers work for an IT firm in Bengaluru and have been working from home since the COVID-19 pandemic.

Following his release in 2017, Shoaib secured an IT job and launched a YouTube news channel called “Ittehad News Hubli,” which focuses on socio-political issues affecting the Muslim community. This venture was inspired by Iqbal Jakati, a journalist who faced a similar situation and now runs “Ittehad News” in Belgaum.

The legality of the NIA’s actions has been called into question, particularly regarding adherence to legal procedures during questioning or arrest. The Supreme Court has consistently emphasized the need for due process, including providing reasons and grounds for arrest in writing.

In this case, neither Shoaib nor Aijaz reportedly received such documentation. The unfolding events have highlighted concerns over the NIA's adherence to legal norms and the impact on those involved.