Siddique Kappan In No Way Connected With PFI; Ready To Take Scientific Tests To Prove Innocence : KUWJ Tells SC

The Kereala Union of Working Journalists(KUWJ) has filed an additional rejoinder in the Supreme Court refuting the allegations made by the Uttar Pradesh Government against journalist Siddique Kappan, who has been under custody since his arrest by the UP Police on October 5 last year when he was proceeding to report the Hathras crime.

The KUWJ has denied that Kappan has any connection with Popular Front of India(PFI). In this regard, the KUWJ states that the UP Government has taken inconsistent stances in two affidavits.

While the first affidavit of UP Government filed on November 20 asserted that Kappan was the "office secretary" of the Popular Front of India(PFI), the second affidavit filed by it on December 9 vaguely stated that Kappan was "in touch with the officials of PFI", KUWJ said in his rejoinder.

It said that the UP Governemnt has filed a "misleading affidavit, justifying the unlawful detention and malicious prosecution of Siddique Kappan".

"It is a matter of grave concern that, the Respondents have again claimed that Mr. Kappan has committed very serious offences, despite there being materials to support any allegations in the FIR, or in no the investigation, other than vague statements, thereby seriously prejudicing the faith of the common man in the legal system and the procedure established by law", the rejoinder said.

The KUWJ stated that Kappan, as a journalist, has strong roots in society, and may have come in contact with people from all walks of life, including the PFI, and that does not mean that he is a criminal. In any case, PFI is not a banned organization, the rejoinder stated.

The rejoinder reiterated that Kappan was tortured in prison and that this was told by him to his lawyer Advocate Wills Mathew when he visited Kappan in prison on November 16. The UP Government  has disputed the visit of Advocate Wills Mathew in Mathura jail. In this regard, the KUWJ states that the jail records and video footages of November 16 will prove the visit of Wills Mathew in Mathura jail to meet Kappan.

The affidavit states that Kappan was arrested for bailable offences on October 5, and the fact of arrest was not informed to his relatives as per the directives in DK Basu case. Though the UP Government claimed in its affidavit that arrest was informed to Kappan's relatives, the KUWJ states that the mobile numbers, which are cited in the UP Government's affidavit, do not belong to Kappan's relatives and they belong to residents of UP who have no connection with Kappan.

The grave offences under UAPA were added in the FIR only later. It is stated that the FIR makes out no offence and that the FIR itself is arising out of a "criminal conspiracy, based on  fraud and hence void abinitio".

"It cannot be even called an FIR in the eyes of law, as there is nothing probable allegation of the ingredients of the offence attributed against the accused so far and nothing has come out from the investigation also against the accused", the rejoinder stated.   The KUWJ repeated its demand for a judicial enquiry by a retired judge into the circumstances leading to Kappan's arrest.

The KUWJ stated that the denial of bail to Kappan on the first date of his production before the Magistrate, even though only bailable offences were mentioned in the FIR then, and also the order of CJM Mathura passed on October 16 refusing permission for Kappan to meet his lawyers, are "disturbing trends", which require intervention from the Supreme Court.

"Silence or inaction on these matters will have disastrous consequences on the freedoms of the citizens", KUWJ said.

The journalists union repeated that Kappan was ready to undergo scientific tests to prove his innocence, and vouched his journalistic credentials and stated that he was a member of the Press Council of India.

"Even now the accused is ready and willing to undergo any kind of scientific tests including Narco analysis test to prove his innocence in every respects and also ready to place on record all bank accounts to show his innocence", the rejoinder stated.

"Mr. Kappan is in detention for the last more than 100 days, charge sheet not yet filed, there is no any evidence or recovery to connect with the accused, and the accused is having strong roots in society and is the secretary of the New Delhi Unit of the petitioner, and above all, the Mother of the accused aged 90 is critically ill and whenever she gains consciousness, she is repeatedly asking for meeting the accused", it added.

The KUWJ states that the mother of the accused got a call from him for the first time on November 2 , almost a month after the arrest, and the first call with the wife happened only on November 17.