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HomeIndiaAmong UP’s ‘incriminating’ evidence against Kappan — ‘Justice for Hathras victim’ flyer

Among UP’s ‘incriminating’ evidence against Kappan — ‘Justice for Hathras victim’ flyer

State has also claimed that Kerala journalist Siddique Kappan is the office secretary of the banned Popular Front of India and was visiting Hathras to ‘create a caste divide’. 

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New Delhi: The Uttar Pradesh government has told the Supreme Court that it arrested Kerala journalist Siddique Kappan to prevent him from creating a law and order problem in the Hathras area where a 20-year-old Dalit woman was allegedly gangraped and murdered by four upper caste men. 

In an affidavit filed in the apex court Friday, the state claimed that Kappan was apprehended with incriminating evidence, including pamphlets that sought “Justice for Hathras victim”. 

The Kerala Union of Working Journalists (KUWJ) has filed an Article 21 petition before the apex court, alleging Kappan’s arrest is illegal and that he should be released. Kappan, who works with Malayalam news website Azhimukham, is the elected secretary of the KUWJ’s Delhi unit. 

According to the petitioner, Kappan’s arrest was “with a view to obstruct the discharge of duty of the detenu in the capacity as a journalist.”

The UP government has denied these charges, and has accused KUWJ of making false claims before the court. The state further said that Kappan travelled to Hathras with an identity card of a Kerala-based newspaper, Thejas, which was closed in 2018. 

The state alleged Kappan is the office secretary of banned Popular Front of India (PFI) and that he under the garb of a journalist was visiting Hathras “with a determined design to create a caste divide and disturb law and order situation”. 

UP government counsel, solicitor general Tushar Mehta, told the bench led by Chief Justice of India S. A. Bobde that the state had no objection to Kappan’s lawyer meeting him. On his submission, the bench adjourned KUWJ’s petition, saying it would be heard a week later, after Kappan has met with his counsel. The lawyer can meet Kappan to sign the vakalatnama to facilitate his bail.


Also read: After 43 days in UP jail, Kerala journalist finally gets to talk to lawyer for 5 mins on phone


‘Kappan and 3 others arrested when they behaved suspiciously’

The UP government affidavit has claimed that Kappan and other PFI activists were apprehended by a police team that was checking vehicles heading towards Bhoolgadhi area. 

Kappan and three others accompanying him allegedly got agitated and abusive when the police tried to stop them from going further, the state affidavit said. 

They purportedly behaved in a suspicious manner and were arrested to “prevent the commission of the offence”.

Pamphlets titled “Justice for Hathras Victim” were duly seized and sent to malkhana, following which the four were taken for medical examination. 

Evidence of him having links with a banned organisation have emerged, the state said, without divulging the details of the “incriminating material” seized.  

KUWJ’s petition not maintainable, says UP

Opposing KUWJ’s petition, the UP government said the petitioner has made an incorrect assertion that Kappan has not met his lawyers and his family members are not aware of the arrest. KUWJ has made “several false statements” on oath only to sensationalise the case, it added.

The state also questioned KUWJ’s locus as a petitioner in the case, stating it cannot file a petition under Article 21 because none of its fundamental rights have been violated. It submitted the petition was not maintainable and that Kappan has the liberty to approach the Allahabad High Court, in case of a grievance. 

As for Kappan’s custody, UP said that he is in judicial custody pursuant to a valid court order. 


Also read: Bhim Rajbhar as BSP’s UP chief is Mayawati’s gameplay for cornering OBC vote in Purvanchal


‘Family nor lawyer approached jail authorities to meet Kappan’

According to the UP government, KUWJ has concealed the fact that a lawyer had appeared for Kappan before the magistrate in Mathura where he was produced after his arrest on 6 October. His brother was informed about the arrest and given details of the place and time of his custody, the state has claimed.

The UP government also stated that the local police had informed Kappan’s maternal uncle on 7 October and, moreover, the station house officer (SHO) of police station at Mantha, Mathura district, had sent an email and fax to the local police in Malappuram district in Kerala so that his family members could be apprised about the arrest. 

The affidavit listed out dates of when it said Kappan’s local lawyer in Mathura and from Delhi had met him at the magistrate’s court. The lawyers, it added, had opposed on 4 November the Special Task Force’s (STF) plea for his police remand. 

According to the state, no lawyer or family has approached the jail authorities with a request to meet Kappan. However, he has spoken with his family members on three occasions, it said. 

‘Journalist misled STF team’ 

The investigation into the Hathras gangrape-cum-murder case was transferred on 23 October to STF, which has been submitting a regular progress report to the state government. 

On 4 November, the STF got Kappan’s custody for 48 hours, following which he was taken to Delhi for search and seizure operations.

When he was brought by STF to Delhi, he allegedly misled the police by giving a false residential address, the state said.


Also read: Why UP opposition parties are jittery after Owaisi performance in Bihar


 

 

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