Siddique Kappan claimed to work for Tejas newspaper which closed in 2018, has links with banned organizations: UP Govt tells Supreme Court
Solicitor-General Tushar Mehta submitted in the top court that Kappan was arrested along with other co-accused and was remanded to custody by a competent court.
Debayan Roy
Published on : 20 Nov, 2020 , 2:02 pm
The Uttar Pradesh (UP) government has told the Supreme Court that Kerala journalist Siddique Kappan, who was arrested on his way to Hathras, had used identity card of Tejas newspaper which had shut shop in 2018.
The affidavit filed in the Supreme Court states that Kappan, who is the office secretary of Popular Front of India (PFI), was travelling to Hathras with other members of the Popular Front of India (PFI) with the aim of creating "caste divide and law & order issues."
He was using "journalist cover" by showing the identity card of a Kerala-Tejas which was closed in 2018, the affidavit alleges.
Siddique Kappan: Supreme Court unhappy with "unfair reporting" of previous order, matter adjourned
The State government has also submitted that Kappan was arrested with four others on October 5 and bail applications filed by the journalist and three others was rejected by a competent court with detailed reasons.
One of the primary contention before the Supreme Court by Senior Advocate Kapil Sibal appearing for the petitioner, Kerala Union of Working Journalists (KUWJ) was that Kappan was denied meeting with lawyers or his family members and that was one of the reasons why they could not approach Allahabad High Court.
However, the Uttar Pradesh government refuting the allegation, has stated that Kappan had misled the Special Task Force when he was brought to Delhi.
"He did not assist in the investigation and gave misleading details. His flat mate who is also a member of PFI and its various wings denied access. Finally, armed with search warrants, when the premises was searched by the police, further incriminating material has been recovered all of which is the subject matter of investigation,"
the affidavit reads.
Refuting the allegation further, the State has contended that Kappan had hired a lawyer who appeared for him before the Magistrate in Mathura and had full knowledge of the case and facts.
"Immediately after arrest of accused Sidhique Kappan on 05.10.2020, he gave contact details of his brother Mr. Amza (781…..). The Police through the mobile phone of Constable Vinay Rahi (8218…0) informed Mr. Amza on 05.10.2020 itself about the time and place of arrest, and exact location where the accused was detained," reads the affidavit.
Kappan has links with various banned organizations, the affidavit has alleged while underscoring that "no family member of the accused has approached the jail authorities till date for meeting the accused."
It has also been submitted that no lawyer has ever approached the jail authorities with a Vakalatnama to be signed by the accused Siddique Kappan till date,"
"During the judicial custody of accused Sidhique Kappan, on his written requests, he has interacted with his family members on three occasions on phone on 02.11.2020, 10.11.2020 & 17.11.2020,"
the UP government has submitted.
Narrating the sequence of Kappan’s arrest, the State has said that during the arrest it was found that Kappan and other co-accused were "carrying incriminating pamphlets and got much agitated and abusive and behaved in suspicious manner speaking words like “die or kill, we will not give up.”
Kappan, a journalist working with news portal www.azhimukham.com, was arrested at a toll plaza near Hathras in Uttar Pradesh while he was on his way to cover the horrific gang-rape and subsequent cremation of a 19-year-old Dalit woman. He has been charged with offences under Unlawful Activities Prevention Act (UAPA).
A Habeas Corpus plea was filed in the Supreme Court by Kerala Union for Working Journalists (KUWJ) challenging Kappan’s detention, claiming violation of his fundamental rights under Articles 14, 19 and 21 of the Constitution.
The Supreme Court had, on Friday, taken objection to the manner in which the case was reported by the media.
Chief Justice of India SA Bobde said that the media reports claiming that the apex dourt had denied relief to Kappan were "unfair".
"There was very unfair reporting about our earlier order. It was said that we denied you relief", CJI Bobde said.
[Read affidavit]
Attachment
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KUWJ v. Union of India.pdf
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Habeas Corpus
PFI
Uttar Pradesh government
Hathras
Siddique Kappan
Supreme Court,
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