Updated: November 21, 2020 9:48:32 am
Siddique Kappan (wearing cap), secretary of the Kerala Workers’ Union of Journalists, and three other people detained with him were brought before a court in Mathura. (PTI)
* The “pamphlets thus recovered, that is, I AM NOT THE DAUGHTER OF INDIA … etc. have the effect of amplifying social hostility and public revolt.”
* The defendants have revealed that they “raised funds” to “instigate caste riots” in connection with the Hathras case, “as they have done on religious grounds in protest against CAA.”
* Accused created a website using the ‘Carrd’ web platform; “In India, many kinds of anti-national propaganda are being spread through these kinds of websites. propaganda related to incidents of mob lynching, worker migration in recent times. “
These Uttar Pradesh Police filings in the official records – the FIR, requests for pretrial detention seeking custody – regarding the case registered against journalist Siddique Kappan and three others based in Delhi, are part of the affidavit of the state government before the Supreme Court in response to a petition requesting the release of Kappan in custody.
The four men they were arrested in Mathura on 5 October while on their way to Hathras, where they had allegedly abducted a 19-year-old Dalit girl, leading to her death in a Delhi hospital. They were registered under the Illicit Activities (Prevention) Act and several sections of the IPC, including one related to the sedition charge.
The police filings are part of an affidavit submitted by the Senior Jail Superintendent of Mathura Jail District, Uttar Pradesh, after a bank headed by Chief Justice of India SA Bobde sought responses from the Center and the UP government last Monday.
In its affidavit, the UP government cited three general reasons why Kappan’s request for release could not be upheld:
He said that the Kerala Union of Worker Journalists has no locus standi to present the petition as the accused “is already in contact with his lawyers and relatives and he can present proceedings through his lawyers”; Kappan, the state said, “is not in illegal custody / confinement, but in judicial custody”; and the petition directly under article 32 of the Constitution of India “cannot be upheld and corresponds to the person in judicial custody who can go to the jurisdictional High Court, that is, the High Court of Allahabad.”
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“The person in custody, namely Siddique Kappan, is the secretary of the office of the Popular Front of India (PFI) who wears a journalist cover showing the identity card of a Kerala-based newspaper called ‘Tejas’ that was closed in 2018. 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 divide and disrupt the situation of law and order, they were found carrying incriminating material. “presented the UP government.
In the affidavit, the state made two key statements: first, that “during the investigation carried out thus far, evidence has emerged that the defendants have ties to prohibited organizations”; secondly, “given that the investigation is ongoing by the Special Task Force, the facts that have arisen up to now are not recorded in this Affidavit.”
The police have also archived the lower court records, the FIR and the general journal entry that provide details of how the prosecution has constructed their case.
* “… the investigating officer … has submitted a request … the accused persons have revealed to the former investigating officer that they have raised funds from various known and unknown sources who want to instigate caste disturbances in connection with the Hathras case through print / electronic medium, as they have done on the basis of religion in protest to the CAA, ”stated Chief Judicial Magistrate, Mathura, in a November order.
“The accused has admitted that he is a member of PFI / CFI and this fact has also come to light in the investigation that the accused are related to former members of the prohibited organization SIMI,” the CJM recorded the allegations made by the STF .
“There are also charges against the person accused of spreading caste-based and community hatred in society by creating a website on the Internet,” the CJM court order stated.
* The details of this website, at the heart of the indictment, are in the FIR (translated copy) attached to the affidavit before the Supreme Court.
The FIR says: “The pamphlets thus recovered, that is, I AM NOT THE DAUGHTER OF INDIA, MADE WITH Carrd, etc., have the effect of amplifying social hostility and public revolt.”
“These folks are happy to collect donations on their cover. This fact has also come to light that the people who run a website called ‘Carrd.com’, take direct pleasure in causing disturbances by affecting law and order … and social harmony through donations received from foreign countries. ” .
“This information has also been received that a valid procedure is not being adopted to receive such an amount of donation and the medium is being received through said donation and this amount is worth confiscating. In this way, the above website uses donations received from foreign countries. “
“The organizations and activities related to the website above are doing it in order to gather people, spread rumors, collect donations on the cover to demonstrate justice. Anti-national sentiments are being instilled in young people through these kinds of websites. “
“In India, many kinds of anti-national propaganda are being spread through these kinds of websites. propaganda related to mob lynching incidents, labor migration in recent times, extensive advertising in support of separatist elements in Kashmir, etc. “
“This website also explains the methods for spreading violence … and also encourages the general public to participate in the riots … Through the aforementioned website, information on how the identity of the person can be concealed during riots, to engage in violence … this website also provides ways on how to easily exit the area after violating its law and order. “
On Friday, Attorney General Tushar Mehta, who appeared for the UP government before the court headed by CJI Bobde, denied claims made by the petitioner that Kappan had been denied access to his lawyer.
Mehta said there was no objection to Kappan meeting with his lawyer in jail for the purpose of signing the vakalatnama.
Lead attorney Kapil Sibal, on behalf of the petitioner, told the court: “We went to the magistrate and asked that they allow us to meet the accused … the magistrate told us to go to the prison authorities, who then sent us back to the magistrate”.
During the hearing, Mehta also told the court that the petitioner should approach the Superior Court. “His bonds were heard for nine days. I have submitted a detailed answer, they should go to the High Court, ”Mehta said.
The matter will be put up for hearing next week.
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