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Alleged ISI agent's lawyer questions Mumbai police's claim

Last Updated 27 December 2010, 13:23 IST

The lawyer Mubin Solkar told reporters here today that "all allegations levelled against Javed are false. No incriminating documents or photos were seized from him.

"After his arrest, when he was in police custody, Javed was taken to prohibited areas Lonavala where the police clicked photographs. Mozawala was directed to get himself photographed or face dire consequences."

Mozawala, a visa agent, was arrested on December 8 under the Official Secrets Act for allegedly spying for Pakistan.

The Joint Commissioner of crime branch Himanshu Roy had claimed a major breakthrough after his arrest and his department had yesterday claimed that the accused was "forced" into spying by two officials of Pakistan High Commission.

"Javed has not indulged in any sort of spying for anyone and has no connection with Pakistan's ISI. He had gone to Pakistan along with his family to attend his cousin Danish Abdul Gani's marriage in 2005 and then again in 2006 when Danish had a baby," Solkar said.

Refuting the police claim that they had recovered confidential documents from Mozawala's residence in Mazgaon in south Mumbai, Solkar said "the police had not even conducted a search when they had come to arrest Mozawala. All that the police took was Mozawala's passport, school and college certificates, his wallet and bike keys."

The lawyer also claimed that Mozawala was illegally detained for a day before being shown as arrested. "Police have shown Mozawala as arrested on December 8. However, he was picked up from his house on the night of December 7 itself."

He also alleged that during police custody, Mozawala was physically tortured and was forcibly asked to sign on blank papers. "Police had also shown him certain booklets and documents and compelled him to admit in writing that those material were found at his house," Solkar said.

However, Mumbai's Police Joint Commissioner Himanshu said the police had followed due procedure to arrest him and certain "vital" and "sensitive" documents were recovered from him.

According to the police, two certificates, one under a fake name of Javed Lokhandwala, of an aviation course was also seized from Mozawala's house.

"Mozawala had undergone a course with an aviation academy in 2003 for which he was given a certificate. The first certificate bore a wrong name, which Mozawala brought to the attention of the academy. The mistake was rectified soon," Solkar said.

Failing to get a job in the aviation sector, Mozawala had worked as a clerk with the Haj Committee from 2004 to 2006 and then started his own tour and travel business.

"He facilitates visa and other arrangements for people who travel outside for pilgrimage. In fact, in 2008 he had also applied for Haj quota from Indian government, which was not granted," Solkar said.

"Facilitating visa after following all prescribed rules and norms is not a crime. Mozawala is innocent and has no criminal antecedents and has no connection to any terror group," the lawyer said.

Talking to reporters, Mozawala's wife Fatima said "my husband is innocent and a simple man. He has been falsely implicated but I have faith in Indian law and hope that justice will prevail."

Mozawala is now in judicial custody and his lawyer said they would be approaching the sessions court seeking bail.

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(Published 27 December 2010, 13:23 IST)

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