Kerala-based journalist Siddique Kappan was arrested while on his way to Hathras from the UP (archive)
New Delhi:
Kerala-based journalist Siddique Kappan, arrested on the way to Hathras, where a young Dalit had died after allegedly being gang-raped, was going there in journalism garb with a very determined design to create a division of castes and disrupt the situation of law and order, the Uttar Pradesh government said today in the Supreme Court.
In an affidavit filed in the superior court, the state government alleged that Siddique Kappan is the secretary of the office of the Popular Front of India (PFI) and was wearing a journalist front page showing the identity card of a newspaper based in Kerala which was closed in 2018..
Opposing the statement submitted by the Kerala Union of Working Journalists (KUWJ) questioning the arrest of Siddique Kappan and seeking his release on bail, the state has said that it cannot be upheld and that the petitioner has no place as the defendant is already in contact with his defenders and relatives and he himself can present proceedings through his lawyers.
It is revealed during the investigation that he, along with other PFI activists and their student leaders (Campus Front of India) were going to Hathras under the garb of Journalism with a very determined design to create a caste division and disturb the situation of the law. and order. carrying incriminating material, the affidavit said.
The matter was heard before a court composed of Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian.
Attorney General Tushar Mehta, who appeared for Uttar Pradesh, said they have submitted an affidavit.
The last time there were erroneous reports. I am concerned about the inaccurate reports, the CJI said, adding: The reports said the journalist was denied relief.
The court asked lead attorney Kapil Sibal, who was appearing for KUWJ, to review the response submitted by Uttar Pradesh and present the rejoinder.
You have the right to post a bond and you read the response and then we will listen to you fully, the bank said.
The court said the state has no objection to an attorney approaching the defendant to obtain his signature to avail himself of judicial redress.
Ready after a week. Meanwhile, the signature of the defendant can be obtained in jail to go to court, the court said.
Kapil Sibal said lawyers were previously prevented from approaching Siddique Kappan to obtain his signature.
Tushar Mehta responded to Kapil Sibal’s argument and said that they were not detained before and that there is no opposition in this regard.
Siddique Kappan was arrested on 5 October while on his way to Hathras, the home of the young Dalit who died after being allegedly gang-raped by four upper caste men.
Police had said that they had arrested four people who had links to the PFI in Mathura and identified those arrested as Siddique Kappan from Malappuram, Atiq-ur Rehman from Muzaffarnagar, Masood Ahmed from Bahraich and Alam from Rampur.
In its affidavit filed with the superior court, the state government has said that Siddique Kappan is not in illegal custody / confinement, but rather in judicial custody.
The petitioner has resorted to misrepresentation and made several false statements under oath just to sensationalize the case, which would become clear upon examining the following facts, says the affidavit, filed by the jail’s chief superintendent, Mathura District Jail.
The detained person, namely Siddique Kappan, is the secretary of the Popular Front of India (PFI) office wearing a journalist cover showing the identity card of a Kerala-based newspaper … which was closed in 2018, he stated.
It alleged that when Siddique Kappan was brought by the Special Task Force (STF) to Delhi for an investigation, he misled the police by giving an incorrect residential address which was deemed invalid and did not assist in the investigation and gave misleading details.
It alleged that KUWJ has concealed the fact that a lawyer they hired appeared before the magistrate in Mathura on 6 October and had full knowledge of the time and place of presentation of the defendants.
He said that a completely false narrative is being made that Siddique Kappan is not allowed to speak to family members or lawyers, as during court custody, he has interacted with his family members three times over the phone at his written request.
It is pertinent to note that the defendant Siddique Kappan has never requested to meet with any family member or lawyer nor has he made such a request to the competent judicial / prison authorities to date, he said.
The affidavit says that STF has been conducting a detailed investigation and has been submitting progress reports to the state government from which it has been revealed that further incriminating evidence has been found against all four defendants, including defendant Siddique Kappan.
It is argued that during the investigation carried out thus far, evidence has emerged that the defendants have ties to prohibited organizations, he said.
He said that of four people arrested on October 5, the remaining three had submitted bail statements that were rejected by the court.
The FIR has been filed under various provisions of the IPC and the Illicit Activities (Prevention) Act (UAPA) against four individuals who have alleged links to PFI.
PFI had been accused in the past of funding protests against the Citizenship Amendment Act across the country earlier this year.
Hathras has been in the news following the death of a 19-year-old Dalit woman who was allegedly gang-raped on September 14, 2020 in a village in the district.
His nightly cremation by the authorities, allegedly without parental consent, had sparked widespread outrage.
(Except for the headline, this story has not been edited by NDTV staff and is posted from a syndicated channel.)
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