Guwahati: The Assam unit of the All India Lawyers Association for Justice (AILAJ) on Monday condemned the arrest of advocate Ariful Islam by Dispur Police in connection with a case linked to a student protest in Guwahati, alleging that he was unlawfully detained despite identifying himself as a practising lawyer.
In a statement, the association described the arrest as an attempt to intimidate the legal fraternity and demanded Islam’s immediate release, withdrawal of the allegations against him and an inquiry into what it termed an unexplained eight-hour detention before his formal arrest.
Islam was arrested in connection with Dispur Police Station Case No. 541/2026, registered under Sections 61(2), 132, 125, 127(2), 126(2), 196(1), 196(2), 189(2), 191(2) and 152 of the Bharatiya Nyaya Sanhita (BNS), 2023.
According to the association, the case stems from a protest organised at Chachal Ground on July 23 by young people expressing solidarity with nationwide demonstrations demanding the resignation of Union Education Minister Dharmendra Pradhan.
The association said several protesters were detained during the demonstration but were later released following intervention by a team of lawyers.
It alleged that Islam was standing near the protest site when Dispur Police took him into custody at around 1 pm. At the time, he was wearing his court dress, identified himself as a practising advocate and produced his Bar Council identity card, the statement said.
AILAJ claimed Islam was only a bystander and had no role in organising, leading, mobilising or funding the protest.
The association also questioned the timeline of the arrest, alleging that while Islam was detained at around 1 pm, the notice issued under Section 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 recorded his arrest at 9 pm the same day.
It termed the intervening period an “unexplained and unlawful detention” that violated constitutional safeguards protecting personal liberty.
The association further alleged that the grounds of arrest relied on speculative allegations and stated that investigators merely sought to ascertain Islam’s alleged role in planning, mobilisation, funding and conspiracy during the course of the investigation.
According to AILAJ, the arrest documents themselves indicate that no material directly implicating Islam in a cognisable offence existed at the time of his arrest. It argued that mere presence at the site of a peaceful assembly does not constitute an offence.
Describing the arrest as an act of intimidation directed at the Bar, the association said the incident could discourage advocates from representing protesters or others accused in protest-related cases.
It argued that such actions undermine the constitutional right of an accused to legal representation under Articles 21 and 22 of the Constitution and amount to an attack on the independence of the legal profession.
The association demanded the immediate release of Islam, withdrawal of what it described as baseless allegations against him, an inquiry into the alleged detention between 1 pm and 9 pm on July 24, and an assurance that advocates would not be detained or arrested for discharging their professional duties or exercising their fundamental rights.
AILAJ also called on the Gauhati Bar Association, the Bar Council of Assam and members of the legal fraternity to oppose what it described as attempts to intimidate lawyers and reiterated its commitment to defending the independence of the legal profession, the rule of law and the right to peaceful assembly and legal representation.