SC to hear in January plea of Kerala Journalists' body against arrest of scribe on way to Hathras
Journalist Siddique Kappan, was arrested on October 5
New Delhi, Dec 14: The Supreme Court would now hear in the third week of January the plea of Kerala Union of Working Journalists (KUWJ) questioning the arrest of scribe Siddique Kappan on his way to Hathras where a young Dalit woman had died after allegedly being gang-raped.
A bench headed by Chief Justice S A Bobde on Monday granted opportunity to the journalists' body to file its response to the additional affidavit of the Uttar Pradesh government in the case and fixed the plea for hearing next year.
The bench, also comprising Justices A S Bopanna and V Ramasubramanian, did not agree to the submission of senior advocate Kapil Sibal, representing the KUWJ, that the case be listed in the first week of January instead of third on reopening of courts after the winter break.
"First two weeks (in January) are miscellaneous (weeks when fresh matters will be heard)," the bench said in a hearing conducted through video conferencing.
Earlier, the Uttar Pradesh government had told the bench that shocking findings have emerged in the investigation so far in the case in which Kappan was arrested on his way to Hathras.
Kappan claimed that he is working as a journalist in a Kerala-based daily but that newspaper was closed two years back and investigation conducted so far has found some shocking findings, Solicitor General Tushar Mehta had told the bench.
KUWJ, which has been questioning Kappan's arrest, had refused to approach the Allahabad High Court as suggested by the apex court for seeking bail and other reliefs.
We would like to argue the matter in the apex court itself and and implead Kappan's wife and others in the plea, Sibal had said. The high court has granted one month's time on the habeas corpus plea of other accused in the same case and I want to argue here, Sibal had said, adding, Hear me finally .
The Uttar Pradesh government recently filed an affidavit in the apex court claiming that Kappan was going to Hathras under the garb of journalism with a very determined design to create caste divide and disturb law and order situation.
The state has alleged in its affidavit that Kappan is the office secretary of the Popular Front of India (PFI) and was using a journalist cover by showing identity card of a Kerela-based newspaper which was closed in 2018.
In its counter affidavit filed in the matter, KUWJ has urged the apex court that an independent inquiry be conducted by a retired top court judge to determine the facts of the alleged illegal arrest and detention of Kappan.
The KUWJ has claimed that Uttar Pradesh Police has made an absolute false and incorrect statement that Kappan is the office secretary of PFI as he is working as a journalist only.
In its rejoinder affidavit, KUWJ has alleged that the state filed a misleading affidavit, misrepresenting the facts in order to justify their illegal and unlawful detention and malicious prosecution of Kappan and there are no materials to support the allegations against him.
It has said Kappan had attempted to visit Hathras on October 5 in discharge of his journalistic duties and he had intimated his employer prior to his trip.
Kappan was arrested on October 5 while he was on his way to Hathras, home to the 19-year-old Dalit woman who died after being allegedly gang-raped by four upper-caste men.
The police had said it has arrested four people having alleged links with the PFI in Mathura and identified the arrested persons as Siddique from Malappuram, Atiq-ur Rehman from Muzaffarnagar, Masood Ahmed from Bahraich and Alam from Rampur.
The FIR has been filed under various provisions of the IPC and the Unlawful Activities (Prevention) Act (UAPA) against four people having alleged links with PFI.
The PFI had been accused in the past of funding protests against the Citizenship Amendment Act across the country earlier this year.
Hathras was in the news following the death of Dalit woman who was allegedly gang-raped on September 14, 2020, in a village in the district.
Her cremation at night by the authorities, allegedly without the parents' consent, had triggered widespread outrage.
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Two held for 'firing' at BJP leader's house in Bengal
Kolkata (PTI): A day before the counting of votes for the West Bengal assembly elections, two persons were arrested on Sunday for allegedly being involved in a firing incident outside the residence of a BJP leader in North 24 Parganas district, police said.
BJP leader Kundan Singh lodged a police complaint, alleging that a few gunmen fired at his house in the Noapara constituency around Saturday midnight.
Based on the CCTV footage, the two accused were apprehended, a senior officer said.
BJP's Noapara candidate Arjun Singh, in a post on social media, claimed that around 12.05 am, two armed miscreants arrived on a motorcycle at the residence of Kundan Singh, a BJP functionary and secretary of the Barrackpore organisational district, with an "intent to kill him".
According to the BJP leader, the accused are residents of Garulia and are known criminals.
Their names as offenders had been submitted to the Election Commission, he said.
The police officer did not specify whether the two arrested persons were the same individuals named by Arjun Singh.
According to the complaint, one round of firing took place outside Kundan Singh's house, triggering panic in the area.
The BJP candidate also questioned the role of the police, claiming that one of the accused had been detained by the police on the polling day but was later released in the evening.
The Noapara assembly seat went to the polls on April 29.
Several BJP leaders alleged that attempts were being made to create an atmosphere of fear ahead of the counting and weaken the organisation of the opposition parties.
The counting of votes will take place on May 4. Polling for the West Bengal assembly elections was held on April 23 and April 29.
The BJP urged the Election Commission to intervene immediately to ensure peaceful counting.
TMC candidate Somnath Shyam rubbished Arjun Singh’s allegation, claiming that the BJP nominee had orchestrated the firing incident to divert attention from imminent defeat.
“Arjun Singh knows all the gangsters in the Barrackpore belt. Everyone knows about his links with the underworld. Let the police investigate the incident,” Shyam said.
