The Uttar Pradesh government has filed an affidavit in the Supreme Court alleging that the arrested Kerala journalist Siddique Kappan was the secretary of Popular Front of India (PFI) and was using his identity card that expired in 2018 to create social unrest in Hathras.
On Monday, the top court had issued notice to the UP government and the state police seeking their response on a petition filed by Kerala Union of Working Journalists (KUWJ), challenging Kappan’s detention.
The affidavit by the state was presented before a three-judge bench headed by Chief Justice of India SA Bobde during the hearing of a petition filed by KUWJ to release Kappan, who is in custody since October 5. He was arrested while he was on his way to report the death of 19-year-old Dalit girl in Hathras who was brutally gang-raped in September.
The state said, “The person in custody namely Siddique Kappan is the Office Secretary of Popular Front of India (PFI) using a journalist cover by showing identity card of a Kerela based newspaper named as ‘Tejas’ which was closed in 2018. It is revealed during investigation that he along with other PFI activists and their student wing (Campus Front of India) leaders were going to Hathras under the garb of Journalism with a very determined design to create a caste divide and disturb law and order situation.”
Solicitor General Tushar Mehta told the top court that the bail petition of Kappan was argued for nine days and this petition ought to be dismissed as remedy lies before Allahabad High Court. Mehta said that the petition falsely alleged that neither the family members nor the lawyers were allowed access to the accused. On the contrary, the state told the top court that no lawyer or family member of Kappan had contacted jail authorities to meet him. Kappan did not express any desire to contact any relative although his call records showed that he spoke with a lawyer on three occasions - November 2, 11 and 17. This fact was also not disclosed by the accused to the authorities, the affidavit said.
{{/usCountry}}Solicitor General Tushar Mehta told the top court that the bail petition of Kappan was argued for nine days and this petition ought to be dismissed as remedy lies before Allahabad High Court. Mehta said that the petition falsely alleged that neither the family members nor the lawyers were allowed access to the accused. On the contrary, the state told the top court that no lawyer or family member of Kappan had contacted jail authorities to meet him. Kappan did not express any desire to contact any relative although his call records showed that he spoke with a lawyer on three occasions - November 2, 11 and 17. This fact was also not disclosed by the accused to the authorities, the affidavit said.
{{/usCountry}}Senior advocate Kapil Sibal appearing for KUWJ sought time to file a response to the UP government’s reply. He further stated that the magistrate at Hathras did not permit the lawyer to meet Kappan to obtain his signature in order to represent him in a court.
Mehta said there was no objection to the lawyer meeting the accused. The court recorded the statement and directed the petition to be taken up next week.
Kappan has been charged under the Unlawful Activities (Prevention) Act (UAPA) for his alleged links with banned outfit PFI.