Meanwhile, CJI SA Bobde raised considerations over misreporting within the case and requested the petitioner Kerala Union of Working Journalists’ to file a rejoinder to the UP govt’s affidavit whereas suspending the listening to within the case by every week
The Government of Uttar Pradesh on Friday submitted to the Supreme Court that Kerala-based journalist Siddique Kappan was going to Hathras underneath the “garb of journalism” with a “very determined design” to create a caste divide and disturb the regulation and order scenario.
Kappan was arrested by Uttar Pradesh Police on 5 October whereas he was on his option to Hathras the place a younger Dalit lady had died after allegedly being gang-raped.
In an affidavit filed within the apex court docket, the state authorities additionally opposed the plea filed by the Kerala Union of Working Journalists (KUWJ) questioning Kappan’s arrest and in search of his bail, saying that the plea is “not maintainable” and the journalists’ physique has “no locus” as Kappan is already in contact along with his advocates and relations and he himself can file proceedings by means of his legal professionals.
The state authorities additionally alleged that Kappan is the workplace secretary of Popular Front of India (PFI) and was utilizing a “journalist cover” by exhibiting the identification card of a Kerela-based newspaper ‘Tejas’ which was closed in 2018.
“It is revealed during investigation that he along with other PFI activists and their student wing (Campus Front of India) leaders were going to Hathras under the garb of Journalism with a very determined design to create a caste divide and disturb law and order situation were found carrying incriminating material,” the affidavit mentioned.
The matter got here up for listening to earlier than a bench comprising Chief Justice SA Bobde and Justice AS Bopanna and Justice V Ramasubramanian.
During the listening to, CJI Bobde raised considerations over media reviews within the case.
“Last time there was misreporting. I am worried about the inaccurate reporting,” the CJI mentioned, including, “The reports said that the journalist was refused relief”.
The bench additionally requested senior advocate Kapil Sibal, who was showing for KUWJ, to undergo the reply filed by Uttar Pradesh and file a rejoinder.
“You have the right to file bail and you read the reply and then we will hear you completely,” the bench mentioned.
The bench mentioned the state has no objection to an advocate approaching the accused to get his signature for availing the judicial aid.
“List after one week. In the meantime, the accused person”s signature can be obtained in jail for taking recourse in courts,” the bench mentioned.
Sibal mentioned that legal professionals have been earlier restrained from approaching Kappan to get his signature.
Solicitor General Tushar Mehta, showing for Uttar Pradesh, nevertheless, countered Sibal’s rivalry and mentioned they have been neither stopped earlier and nor there may be any opposition on this.
Kappan was arrested on 5 October whereas he was on his option to Hathras, house to the younger Dalit lady who died after being allegedly gang-raped by 4 upper-caste males.
The police had mentioned it has arrested 4 individuals having hyperlinks with the PFI in Mathura and recognized the arrested individuals as Siddique from Malappuram, Atiq-ur Rehman from Muzaffarnagar, Masood Ahmed from Bahraich and Alam from Rampur.
“…..got much agitated and abusive and behaved in suspicious manner speaking words like “die or kill, we is not going to hand over. Thus, so as to stop the fee of offence the police official of P.S Manth arrested the occupants of the automotive/ Accused together with Sidhique Kappan on the Toll Plaza Manth, underneath Section 151/107/116 of Cr.P.C (sic),” a report in Live Law, mentioned, quoting parts of the UP govt’s affidavit
The affidavit additionally mentioned a particular process pressure (STF) has been conducting detailed probe and have been submitting progress reviews earlier than the state authorities from which “it has been revealed that further incriminating evidence has been found against all the four accused including the accused Siddique Kappan”.
“It is submitted that during the investigation conducted so far, the evidence of the accused having links with banned organisations has emerged,” it claimed.
The state authorities additionally mentioned that Kappan will not be in “illegal custody/confinement” however is in judicial custody.
“The petitioner (KUWJ) has resorted to falsehood and has made several false statements on oath only to sensationalise the case which would become clear on perusal of the following facts,” mentioned the affidavit, filed by senior superintendent of jail, District Jail Mathura.
It additionally alleged when Kappan was introduced by the STF to Delhi for a probe, he “misled the police by giving wrong residential address which was found invalid” and he didn’t help within the investigation and gave deceptive particulars.
It alleged that KUWJ has hid the truth that a lawyer employed by them was showing earlier than the Justice of the Peace at Mathura on 6 October and had full data of the time and place of manufacturing of the accused.
It mentioned a “completely false narrative” is being made that Kappan will not be being permitted to speak to relations or legal professionals, as throughout judicial custody, he has interacted along with his relations on three events on telephone on his written request.
“It is pertinent to note that accused Siddique Kappan has never requested to meet any relative or any lawyer nor has filed any such application before the competent court/jail authorities till date,” it mentioned.
It mentioned out of 4 individuals arrested on 5 October, the remaining three have filed bail pleas which have been rejected by the court docket.
The FIR has been filed underneath numerous provisions of the IPC and the Unlawful Activities (Prevention) Act (UAPA) towards 4 individuals having alleged hyperlinks with PFI.
PFI had been accused prior to now of funding protests towards the Citizenship Amendment Act throughout the nation earlier this yr.
Hathras has been within the information following the demise of a 19-year-old Dalit lady who was allegedly gang-raped on 14 September, 2020, in a village within the district.
Her cremation at night time by the authorities, allegedly with out the dad and mom’ consent, has triggered widespread outrage.
With inputs from PTI
Find newest and upcoming tech devices on-line on Tech2 Gadgets. Get expertise information, devices opinions & rankings. Popular devices together with laptop computer, pill and cellular specs, options, costs, comparability.