Mathura Court Dismisses UP Police Application To Take Further Statement Of Journalist Siddique Kappan

A local court in Mathura, Uttar Pradesh has rejected Uttar Pradesh Police application seeking nod to conduct further probe against Kerala-based journalist Siddique Kappan who has been booked for various offences under the stringent UAPA (Unlawful Activities Prevention Act).

ASJ Anil Kumar Pandey today dismissed the demand of the UP police/STF to conduct further investigation of the case against Kappan.

The advocate appearing for the accused submitted that investigation in the matter was complete and the charge sheet was filed on April 3, 2021, however, the same was provided to him,

It was also submitted that the UP police position that further investigation was needed was not in the letter and spirit of the Criminal Procedure Code and amounted to a violation of the Fundamental Rights of the Accused and was liable to be dismissed with a heavy cost.

It was further submitted that Kappan was willing to undergo a Lie detector test/Brain Mapping test/Narco Analysis Test to prove his innocence.

In addition to this, that he has been refused medical treatment despite the specific directions of the Supreme Court for the release of Mr. Kappan from illegal detention.

To this, the court decided to seek the report from the jail authorities on August 23,2021.

Additionally, an application was also filed for default bail under section 167 (2) CrPC by him, and the court sought the response of the police in this regard.

It may be noted that following the rejection of Siddique Kappan's bail, an application was filed before the Mathura court, on July 21 seeking a copy of the charge sheet for the purpose of filing the bail application and for initiating further legal proceedings but was not considered so far.

This application too, would be considered on August 23, 2021 .

Advocate Wills Mathews appeared for Kappan and Advocate, Surya Vir Singh appeared for STF.

In related news, a Mathura Court had recently dropped the proceedings against Kerala-based journalist Siddique Kappan and three other persons in connection with a case registered against them under charges related to the apprehension of breach of peace while they were on their way to Hathras to meet the family of a Dalit woman allegedly raped and murdered last year.

Background

The accused [Atiqur Rahman, Masood Ahmed and Alam and Siddique Kappan] were arrested by the Maan police under the above-mentioned charges while they were going to Hathras.

Initially, they were arrested under the apprehension of causing a breach of peace and were produced before a court of the sub-divisional magistrate which sent them to judicial custody.

Subsequently, they were booked under the UAPA alleging that he and his co-passengers were trying to incite communal riots and disrupt social harmony in the wake of the Hathras gangrape-murder case.

They have been under judicial custody and in April 2021, eight people linked to Popular Front of India, including its students' wing leader K A Rauf Sherif and Kerala journalist Siddique Kappan, were charge-sheeted by Uttar Pradesh police's Special Task Force in a court here for sedition, criminal conspiracy, funding of terror activities, and other offences.

While being in judicial custody, the court, which was hearing the case related to breach of peace sent them a notice under Section 111 of CrPC which is related to the order of the magistrate against any person, likely to commit a breach of peace.

Thereafter, a notice was served to them in jail asking them as to why they should not be asked to submit a personal bond of Rs 1 lakh each, along with sureties from two guarantors of the same amount.

They denied the charges levelled against them and thereafter, since the police, in the prescribed period of six months, could not produce evidence in support of their case, the court yesterday discharged the accused on technical grounds.