Jailed terror offender challenges new rules to prevent early release

TWO JUDGES are considering a prisoner’s High Court challenge to new rules aimed at preventing terror offenders automatically being released from jail.

Lawyers representing Mohammed Zahir Khan, who was jailed two years ago after being convicted of encouraging terrorism, say the terms of legislation introduced earlier this year, in the wake of terror attacks in London, breach human rights.

They say the Terrorist Offenders (Restriction of Early Release) Act is directed against people holding “particular Islamic beliefs” and has a “disproportionate impact” on Muslims.

Justice Secretary Robert Buckland

disagrees and says Khan’s challenge should be dismissed.

Detail of the case emerged at a preliminary hearing in May and a judge, Mr Justice Garnham, ruled that Khan, who is in his early 40s, had an “arguable case”.

Lord Justice Fulford and Mr Justice Garnham yesterday began considering detailed arguments at a virtual High Court trial.

The hearing is due to end today.

Khan had admitted encouraging acts of terror and inciting religious hatred, via his social media accounts, and had been handed a four-and-a-half year prison sentence in May 2018.

He is originally from Birmingham but was a shopkeeper living in Sunderland when he was jailed by a judge at Newcastle Crown Court.

Hugh Southey QC, who is leading Khan’s legal team, argued that new provisions breached rights enshrined in the European Convention on Human Rights – the right to liberty, the right not to be held guilty of an offence which did not constitute an offence when it was committed, and the right not to suffer discrimination.

Sir James Eadie QC, who is leading Mr Buckland’s legal team, says Khan’s challenge should be dismissed.

The hearing continues.