'Our Rights Dying A Slow Death': UAPA Accused Atiq, Others Held On Way To Hathras Move Allahabad HC Seeking Chargesheet Copies

Sparsh Upadhyay

12 Jan 2022 4:00 PM IST

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Our Rights Dying A Slow Death: UAPA Accused Atiq, Others Held On Way To Hathras Move Allahabad HC Seeking Chargesheet Copies

UAPA Accused Atiq Ur Rehman, Mohd. Masud and Alam have moved the Allahabad High Court seeking charge sheet copies, other documents in the case registered against them after they were held by UP Police in 2020 while they were on their way to Hathras to meet the family members of gang rape and murder victim.It may be noted that they were held along with a Kerala journalist (Siddique Kappan)...

UAPA Accused Atiq Ur Rehman, Mohd. Masud and Alam have moved the Allahabad High Court seeking charge sheet copies, other documents in the case registered against them after they were held by UP Police in 2020 while they were on their way to Hathras to meet the family members of gang rape and murder victim.

It may be noted that they were held along with a Kerala journalist (Siddique Kappan) and they all were slapped with Sedition and UAPA.

Moving to the Allahabad High Court, through Advocates Shashwat Anand and Syed Ahmed Faizan, they have sought copies of the charge sheet which was filed against them on April 3, 2021, and other supporting documents.

The petition settled by Senior Advocate SFA Naqvi, states thus:

"Non-furnishing of the chargesheet and other documents is in teeth of the cardinal principle of natural justice and the statutory edict of Section 207 CrPC, which has the effect of frustrating, stamping out and maiming the petitioners' Right to Legal Defence, in egregious violation of their fundamental rights guaranteed under Articles 14, 19, 20, 21 and 22 of the Constitution."

Importantly, the plea claims that pursuant to a false statement of Uttar Pradesh Government, the Court of ADSJ, Mathura had, vide order dt. 08/11/2021, noted that all the accused persons in the matter have been provided with copies of the charge sheet and recorded the same in the order sheet.

"Although, to the contrary, the order sheet itself discloses that the charge sheet has been received on behalf of only one of the accused persons, namely, one Firoz, and not by or on behalf of the petitioners herein," the plea further adds.

The petition further submits that the law is well settled in a plethora of judgments, that the compliance of Section 207 CrPC is mandatory and its non-compliance results in causing prejudice to the accused persons, who then would not be able to defend the charges against them or contend that no charge is made out against them. The said duty is equally of the Public Prosecutor and also of the Court concerned.

The petitioners have contended that owing to the non-furnishing of the charge sheet and the other supporting documents, the rights of the petitioners to defend themselves by challenging the same in Court, have undergone a complete paralysis and are dying a slow death.

Significantly, the plea avers that non-supplying of the charge sheet not only brutally tramples upon the principle of natural justice, the statutory edict of Section 207 CrPC, and the fundamental rights of the petitioners, guaranteed under Articles 14, 19, 20, 21, and 22 of the Constitution, but the same also amounts to interference with and obstruction to the fair trial and administration of justice.

Against this backdrop, the plea seeks direction to the Special Court (NIA), Lucknow, constituted under S. 22(1) of the NIA Act, to immediately furnish the copies of the Charge-sheet along with the supporting documents, such as the statements recorded under sub-section (3) of section 161 CrPC of all persons whom the prosecution proposes to examine as its witnesses, the confessions and statements, if any, recorded under section 164, etc., to each of the petitioners severally.

In related news, in November 2021, following the Allahabad High Court's nudge, the Uttar Pradesh Government had taken Atiq-ur-Rehman, a UAPA Accused, to All India Institute of Medical Sciences (AIIMS), for his medical treatment since he has a long history of severe cardiac ailments and has been suffering from Severe Aortic Regurgitation.

After being held by the UP Police, Rehman was slapped with Sections 17 and 18 of Unlawful Activities (Prevention) Act (UAPA), Sedition (S. 124-A IPC), Promoting enmity between different groups on ground of religion (S. 153-A IPC), deliberate and malicious acts intended to outrage religious feelings (S. 295-A IPC) and Section 65, 72 and 75 of the IT Act.

'Our Rights Dying A Slow Death': UAPA Accused Atiq, Others Held On Way To Hathras Move Allahabad HC Seeking Chargesheet Copies

Sparsh Upadhyay

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