Kerala-based scribe 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 disturbing the situation of law and order. the Uttar Pradesh government said in the Supreme Court on Friday.
In an affidavit filed in the superior court, the state government alleged that Kappan is the secretary of the office of the Popular Front of India (PFI) and was using journalism as a cover by showing the identity card of a newspaper based in Kerela which was closed in 2018..
Opposing the statement submitted by the Kerala Union of Working Journalists (KUWJ) questioning Kappan’s arrest 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 himself. You can file proceedings through your attorneys.
“It was 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. found carrying incriminating material, ”says the affidavit.
The matter was brought 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. “Last time there were wrong reports. I am concerned about inaccurate information, ”said the CJI, adding that 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 read the response and then we will listen to you fully,” the bank said.
The court said the state has no objection to a lawyer approaching the defendant to obtain his signature to avail himself of judicial redress. “Ready after a week. Meanwhile, in jail you can obtain the signature of the accused to go to court, “said the judge.
Sibal said lawyers were previously prevented from approaching Kappan to obtain his signature. Mehta responded to Sibal’s argument and said that they were not detained earlier and that there is no opposition in this regard.
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 from Malappuram, Atiq-ur Rehman from Muzaffarnagar, Masood Ahmed from Bahraich and Alam from Rampur.
In its affidavit filed in the supreme court, the state government has said that Kappan is not in illegal custody / confinement, but in judicial custody. “The petitioner has resorted to falsehood and has made several false statements under oath just to sensationalize the case, which would be made clear by examining the following facts, says the affidavit, filed by the jail’s chief superintendent, Mathura District Jail “.
“The person in custody, namely Siddique Kappan, is the secretary of the Popular Front of India (PFI) office wearing a journalist cover showing an identity card from a Kerela-based newspaper … which was closed in 2018, he stated. It alleged that when 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 a completely false narrative is being made that Kappan is not allowed to speak to family members or attorneys, as during court custody, he has interacted with his family members three times by 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 submitted a request of this type to the competent judicial or prison authorities to date,” he said.
The affidavit said that STF has been conducting a detailed investigation and has been submitting progress reports to the state government of which it has been revealed that further incriminating evidence has been found against the four defendants, including defendant Siddique Kappan. “It is maintained that during the investigation carried out so far, evidence has emerged that the accused have links 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) Law (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.
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