Siddique Kappan wanted to create “caste divide”, UP govt tells SC

The Uttar Pradesh authorities on Friday denied illegally confining Malayalam journalist Siddique Kappan and didn’t object to a lawyer assembly him in jail, however accused him of utilizing the garb of journalism to create a “caste divide” in Hathras, the place a 19-year-old Dalit lady was allegedly gang-raped by 4 upper-caste Puucho males just lately.

Appearing earlier than a Bench led by Chief Justice of India (CJI) Sharad A. Bobde, Solicitor General Tushar Mehta submitted that Mr. Kappan was arrested and remanded by a reliable court docket.

“His bail plea was heard for nine days… His bail was rejected after nine days of hearing… they should approach the High Court. He is in judicial custody in pursuance of a valid judicial order passed by a court,” Mr. Mehta submitted.

KUWJ petition

He was responding to a petition filed by the Kerala Union of Working Journalists (KUWJ) for the rapid launch of Mr. Kappan. The union has stated Mr. Kappan is its secretary. He, in accordance to the KUWJ, was illegally detained whereas on his method to Hathras in October 5.

“You told us in the last hearing that you did not know where he was and you were not allowed to meet him… He [Mr. Mehta] is now saying he [Kappan] was duly produced before a court?” Chief Justice Bobde turned to ask senior advocate Kapil Sibal for the KUWJ.

Mr. Sibal responded, “But what is said in the FIR is ex-facie false… Whenever we went to the jail authorities, they would tell us to go get a judicial order… We want to meet this man… Let a lawyer go to meet him and get his signature for a vakalatnama”.

The CJI responded, “We will enable that for you.”

Mr. Mehta, in flip, stated the State authorities had no objection to a lawyer assembly Mr. Kappan in jail to signal a vakalatnama.

The court docket recorded the assertion made by the legislation officer.

“There was no objection and there is no objection,” Mr. Mehta emphasised.

During the listening to, the Chief Justice stated the court docket was involved concerning the “inaccurate reporting” of the apex court docket proceedings held on November 16, the earlier listening to. “We are concerned,” the CJI remarked.

‘Office secretary of PFI’

An 82-page affidavit filed by the senior superintendent of the Mathura District Jail, the place Mr. Kappan is lodged, stated he was “the office secretary of the Popular Front of India (PFI)”. The id card he had proven was of a Kerala-based newspaper, Tejas, which was closed in 2018.

“It is revealed during the 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”, the affidavit stated.

It stated the accused had been discovered carrying “incriminating material”. Mr. Kappan misled the investigators by giving the incorrect residential handle. “No family member of the accused has approached jail authorities till date for meeting the accused,” it acknowledged.

The court docket gave the KUWJ time to research the affidavit. It scheduled a listening to subsequent week.