UP Govt. Agrees Before Allahabad High Court To Permit 3 Persons Arrested With Siddique Kappan On Way To Hathras To Meet Lawyers In Jail

AAG Manish Goyal told the Division Bench comprising of Justices Surya Prakash Kesarwani and Shamim Ahmed that the counsels may meet the Petitioners in accordance with the Jail Rules.

The development comes after Petitioners' counsels alleged that Superintendent of Jail, Mathura, is not permitting them to meet their clients.

"Learned counsel for the petitioners states that respondent No.5 is not allowing the counsel for the petitioners to meet the petitioners in jail. Learned Additional Advocate General submits that the counsel may meet the petitioners in jail in accordance with the Jail Manual," the order dated January 28 stated.

The Bench was hearing a habeas corpus petition filed on behalf of Atik Ur Rehman, a student; Alam, a cab driver and Masud, an activist. The three were intercepted by the Deputy Superintendent of Police on October 5, 2002, while they were going to Hathras and were later remanded to judicial custody by CJM Mathura.

They were accused of conspiring to cause riots and caste-based unrest in Hathras and were booked under the stringent Unlawful Activities (Prevention) Act, 1967 (UAPA).

The matter was first heard by the High Court on January 5, where the Bench directed the Government authorities to file their replies.

During the hearing held last week, Additional Govt Advocate Rajesh Mishra informed the Court that a copy of the counter affidavit in the habeas plea has been served upon the Petitioners and the same will be filed in the Court by February 4, after curing defects.

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Earlier, the Kerala Union of Working Journalists had also alleged that Siddique Kappan, who was also arrested in Mathura on the same day on similar grounds, is being prevented from meeting any lawyer and signing a vakalatnama for authorising his counsel.

The KUWJ had alleged "The visit of Advocate Wills Mathews, requesting for a meeting with the accused in Jail on 16.10.2020 can be proved by cross checking it with the video recordings of the Jail premises." The organization had also claimed that Kappan was tortured in custody and had sought for a judicial enquiry by a retired judge into the journalist's arrest.

Also Read: "We Will Allow": CJI Bobde On Siddique Kappan's Mother's Plea To Meet Him Via Video Conferencing;"I will Take Care", Says SG

Senior Advocate Farman Naqvi and Advocate Shashwat Anand appeared for Petitioners.

AAG Manish Goyal and AGA Rajesh Mishra appeared for State.

Case Title: Atiq Ur Rehman & Ors.v. State of UP & Anr.

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