Mathura court rejects plea by UP Police to conduct further probe against journalist Siddique Kappan

A local court in Mathura, Uttar Pradesh has rejected an application moved by Uttar Pradesh Police seeking to conduct further probe against Kerala-based journalist Siddique Kappan who has been booked for various offences under the stringent UAPA (Unlawful Activities Prevention Act).

ASJ Anil Kumar Pandey on Monday dismissed the demand of the UP Police/STF to conduct further investigation of the case against Kappan, Live Law reported.

The advocate appearing for Kappan submitted that investigation in the matter was complete and the charge sheet was filed on April 3, 2021. It was also submitted that the plea by UP Police that further investigation was needed was not in the letter and spirit of the Criminal Procedure Code and amounted to a violation of the fundamental rights of the accused and was liable to be dismissed with a heavy cost.

It was further submitted that Kappan was willing to undergo a lie detector test/brain mapping test/narco analysis test to prove his innocence.

In addition to this, he pointed out that Kappan has been refused medical treatment despite specific directions of the Supreme Court.

To this, the court decided to seek a report from the jail authorities on August 23, 2021.

Additionally, an application was also filed for default bail under section 167 (2) CrPC by Kappan, and the court sought the response of the police in this regard.

It may be noted that following the rejection of Kappan's bail, an application was filed by him before the Mathura court on July 21 seeking a copy of the charge sheet for the purpose of filing the bail application and for initiating further legal proceedings but this has not been considered so far.

This application too, would be considered on August 23, 2021.

A Mathura Court had recently dropped the proceedings against Kappan and three other persons in connection with a case registered against them under charges related to the apprehension of breach of peace while they were on their way to Hathras to meet the family of a Dalit woman allegedly raped and murdered last year.

The accused (Atiqur Rahman, Masood Ahmed and Alam and Siddique Kappan) were arrested by the police initially under charges of apprehension of causing a breach of peace and were produced before a court of the sub-divisional magistrate which sent them to judicial custody.

Subsequently, they were booked under the UAPA alleging that he and his co-passengers were trying to incite communal riots and disrupt social harmony in the wake of the Hathras gangrape-murder case.