Shahid Azmi (1977 – 11 February 2010) was an Indian lawyer, best known for defending cases of persons accused of terrorism. Azmi was accused of crime at a young age; in 1992, aged 15, he was arrested for violence during the 1992
Bombay riots
In the Bombay riots in December 1992 and January 1993, an estimated 900 people died. The riots were mainly due to escalations of hostilities after large scale protests by Muslims in reaction to the 1992 Babri Masjid Demolition by Hindu Karsev ...
. Let off lightly as a juvenile, and due to lack of any proper evidence against him. As a young adult, he was again arrested, this time under
Terrorist and Disruptive Activities (Prevention) Act
Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA, was an Indian anti-terrorism law which was in force between 1985 and 1995 (modified in 1987) under the background of the Punjab insurgency and was applied to whole of ...
, for plotting against the state. He spent seven years in Delhi's
Tihar Jail
Tihar Prisons, also called Tihar Jail and Tihar Ashram, is a prison complex in India and the largest complex of prisons in South Asia. Run by Department of Delhi Prisons, Government of Delhi, the prison contains nine central prisons, and is one ...
.
In jail, he was encouraged to resume his education, and by the time he was released, he had taken a degree in law. In 2003, he began practising as a criminal defense lawyer in Mumbai. The cases handled by him were almost exclusively of defending cases for those accused of terrorism, who he believed had been jailed as
scapegoat
In the Bible, a scapegoat is one of a pair of kid goats that is released into the wilderness, taking with it all sins and impurities, while the other is sacrificed. The concept first appears in the Book of Leviticus, in which a goat is designat ...
s. He was shot dead by four assailants in his office in
Kurla
Kurla (Pronunciation: uɾlaː is a neighbourhood of East Mumbai, India. It is the headquarters of the Kurla taluka of Mumbai Suburban district. The neighbourhood is named after the eponymous East Indian village that it grew out of. It falls u ...
, Mumbai on 11 February 2010 at the age of 32.
Shahid Azmi was the nephew of
Abu Asim Azmi
Abu Asim Azmi (born 8 August 1955) is a member of the Maharashtra Legislative Assembly. He represents the Mankhurd Shivaji Nagar Constituency, Mumbai. He belongs to the Samajwadi Party.
He is the President of the Maharashtra state branch o ...
, a
Samajwadi Party
The Samajwadi Party ( SP; translation: ''Socialist Party'', founded 4 October 1992) is a socialist political party in India, headquartered in New Delhi but mainly based in Uttar Pradesh, with significant presence in other states as well. With ...
politician and
Member
Member may refer to:
* Military jury, referred to as "Members" in military jargon
* Element (mathematics), an object that belongs to a mathematical set
* In object-oriented programming, a member of a class
** Field (computer science), entries in ...
of the
Maharashtra Legislative Assembly
The Maharashtra Vidhan Sabha or the Maharashtra Legislative Assembly is the lower house of the legislature of the Indian state of Maharashtra. It is situated in the Nariman Point area of South Mumbai in the capital Mumbai. Presently, 288 mem ...
from the
Govandi
Govandi is a suburban neighborhood in eastern Mumbai, Maharashtra. It is near to Chembur, Deonar and Vashi. The main public modes of transport are auto-rickshaws, taxi and bus. The closest railway station is Govandi railway station which is ...
constituency in
Mumbai
Mumbai (, ; also known as Bombay — the official name until 1995) is the capital city of the Indian state of Maharashtra and the ''de facto'' financial centre of India. According to the United Nations, as of 2018, Mumbai is the secon ...
.
[
]
Background and personal life
Azmi was born and brought up in the Deonar
Deonar is a suburb of Mumbai. It has gained prominence for being the location of the largest dumping ground in Asia and also the location of city's largest abattoir, Deonar Municipal Abattoir.
Important Landmarks
India's largest abattoir i ...
suburb of Mumbai, in a Muslim family with origins in Azamgarh
Azamgarh is a city in the Indian state of Uttar Pradesh. It is the headquarters of Azamgarh division, which consists of Ballia, Mau and Azamgarh districts. Azamgarh is situated on the bank of Tamsa River (Tons). It is located east of the ...
, Uttar Pradesh. He was third amongst five brothers. One of his brothers, Khalid Azmi, is also an advocate in Mumbai.[ Shahid Azmi was married to Maryam of an affluent Assamese descendant whom he later divorced.
]
Crimes and imprisonment
At age 14, Azmi was arrested (or detained) by Mumbai police for indulging in violence during the 1992 Mumbai communal riots. Since he was a juvenile, he was let off leniently and did not serve time in jail. Subsequently, he crossed over into Pakistan-administered Kashmir
Kashmir () is the northernmost geographical region of the Indian subcontinent. Until the mid-19th century, the term "Kashmir" denoted only the Kashmir Valley between the Great Himalayas and the Pir Panjal Range. Today, the term encompass ...
, where he spent a brief period at a militant training camp, but soon returned. As he said to ''The Times of India
''The Times of India'', also known by its abbreviation ''TOI'', is an Indian English language, English-language daily newspaper and digital news media owned and managed by The Times Group. It is the List of newspapers in India by circulation, t ...
'' in an interview, "I had seen policemen killing people from my community. I have witnessed cold-blooded murders. This enraged me and I joined the resistance."[ In December 1994, he was arrested under the ]Terrorist and Disruptive Activities (Prevention) Act
Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA, was an Indian anti-terrorism law which was in force between 1985 and 1995 (modified in 1987) under the background of the Punjab insurgency and was applied to whole of ...
(now repealed), for an alleged conspiracy to assassinate some politicians and Shiv Sena leader, Bal Thackeray, and given a five-year jail sentence, however in the same year, the Supreme Court acquitted him. In all, he spent seven years at Tihar Jail
Tihar Prisons, also called Tihar Jail and Tihar Ashram, is a prison complex in India and the largest complex of prisons in South Asia. Run by Department of Delhi Prisons, Government of Delhi, the prison contains nine central prisons, and is one ...
, Delhi.[
It was during his stay at Tihar Jail, that he started his college education, first graduation followed by a postgraduate course in creative writing; once he was acquitted of the charges, he went to study for a law degree (LLM) in Mumbai.][
]
Career
After receiving his degree, he worked with lawyer Majeed Memon for some months,[ before starting his career as a
lawyer in 2003. Soon started picking up cases of Muslims charged under the ]Prevention of Terrorism Act, 2002
The Prevention of Terrorism Act, 2002 (POTA) was an Act passed by the Parliament of India in 2002, with the objective of strengthening anti-terrorism operations. The Act was enacted due to several terrorist attacks that were being carried ou ...
(POTA). Many of the cases were fought pro bono in consultation with NGOs, like Jamiat Ulama-e-Hind
Jamiat Ulema-e-Hind or Jamiat Ulama-i-Hind () is one of the leading organizations of Islamic scholars belonging to the Deobandi school of thought in India. It was founded in November 1919 by a group of Muslim scholars including Abdul Bari F ...
.[ His first major success as a defence lawyer came in the 2002 Ghatkopar bus bombing case, when Arif Paanwala, who was arrested under Prevention of Terrorism Act (POTA) and was named the prime accused, was acquitted along with eight others, due to lack of evidence, by the court; this eventually led to the law being repealed.][
Azmi then had represented the accused in the 7/11 Mumbai local train blasts, the 2006 ]Aurangabad
Aurangabad ( is a city in the Indian state of Maharashtra. It is the administrative headquarters of Aurangabad district and is the largest city in the Marathwada region. Located on a hilly upland terrain in the Deccan Traps, Aurangabad is the ...
arms haul, the 2006 Malegaon blasts
The 2006 Malegaon bombings took place on 8 September 2006 in Malegaon, a town in the Nashik district of the Indian state of Maharashtra, 290 km northeast of Mumbai. The Maharashtra Anti-Terrorism Squad (ATS) initially blamed the bombings ...
case.[ Though the High Court had rejected his application challenging the use of the ]Maharashtra Control of Organised Crime Act
The Maharashtra Control of Organised Crime Act, 1999 (Mah. 30/1999) is a law enacted by the state of Maharashtra in India in 1999 to combat organised crime and terrorism. Known as 'MCOCA', the Act provides the State Government with special powe ...
(MCOCA) in these alleged terrorism cases and asked for stay, in February 2008, the Supreme Court of India
The Supreme Court of India (IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
stayed the three trials. In July 2008, Azmi filed a petition in the High Court alleging that the accused in the 7/11 Mumbai blasts, then lodged in the Arthur Road Jail
The Mumbai Central Prison, also referred to as Arthur Road Jail, was built in 1926, and is Mumbai's largest and oldest prison. It houses most of the city's prisoners. It was declared a Central Jail in 1972. Although its name was changed to Mum ...
, were being tortured. Responding to the petition, the court ordered an inquiry in the case, and the allegations were found to be true.[ In his brief career of seven years, he secured 17 acquittals in court.][
It was while he was defending Faheem Ansari in the 26/11 attacks case that he was killed. Ansari was acquitted of all the charges by the ]Supreme Court of India
The Supreme Court of India (IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
due to lack of evidence on 19 August 2012.
Death
He was killed on 11 February 2010 in his office at Taxi Men colony in Kurla
Kurla (Pronunciation: uɾlaː is a neighbourhood of East Mumbai, India. It is the headquarters of the Kurla taluka of Mumbai Suburban district. The neighbourhood is named after the eponymous East Indian village that it grew out of. It falls u ...
, when four gunmen entered his office and shot two bullets, point blank and fled. Though he was taken to Rajawadi Hospital in Ghatkopar
Ghatkopar (Pronunciation: �ʱaːʈkopəɾ is a suburb in eastern Mumbai. The area is served by the railway station on the Central Line of the Mumbai Suburban Railway and the metro station on Line 1 of the Mumbai Metro.
History
Ghatkopar in ...
, he was soon declared dead.
Murder case
In February 2010, member of the Bharat Nepali gang, Devendra Babu Jagtap alias JD, Pintoo Deoram Dagale, Vinod Yashwant Vichare and Hasmukh Solanki, were arrested by the police under MCOCA
The Maharashtra Control of Organised Crime Act, 1999 (Mah. 30/1999) is a law enacted by the state of Maharashtra in India in 1999 to combat organised crime and terrorism. Known as 'MCOCA', the Act provides the State Government with special powe ...
.[ The police however did not conduct any forensic of the murder weapons and claimed that the murder was "solved" by the arrest of the accused.][
Couple of months later, in June 2010, Inder Singh, who was Azmi's peon at the time and the lone eyewitness of the assassination, lodged a complaint alleging receiving a threatening call, which was later traced to Gujarat. On 20 January 2011, MCOCA court dropped the MCOCA charges levelled against the accused in the police ]chargesheet
In policing on the Indian subcontinent, a chargesheet is prepared after First Information Reports (FIRs), and charges an individual for (some or all of) the crimes specified in those FIR(s).
Once the charge sheet has been submitted to a court ...
as it found no evidence suggesting "