Kashish Jain
The defense counsel of the accused (who are facing sedition charges along with journalist Siddique Kappan) filled an application in Mathura Court. This application seeks a direction to drop all proceedings in absence of prosecution sanction against them.
This application has come in no less than a week after the Special Task Force (STF) of Uttar Pradesh filed a charge sheet against Kappan and others (Atiq-ur-Rahman, Masood Ahmed, Alam, K A Rauf Sharif, Mohammad Danish, Ansad Badruddin, and Firoz Khan) Accusing them of sedition.
The primary charge against them is that of conspiring to incite caste violence. These accusations come in the aftermath of the murder and gang rape of a Dalit woman in Hathras.
Defense Counsel Madhuvan Dutt Chaturvedi stated,
“In an application filed today, we informed the court that the STF had filed photocopy of the prosecution sanction obtained under IPC section 124-A, 153-A, 295-A, and 120-B. The photocopy is not admissible in court. Therefore, we requested the court to drop all proceedings against the accused”
He further added that they have brought to the court’s notice that the prosecution sanction under the Unlawful Activities (Prevention) Act was not obtained by the agency from the state.
Government Counsel, Suryavir Singh submitted, “On April 3 (the day the charge sheet was filed), it was getting late. So, the investigative agency filed a photocopy of the prosecution sanction order obtained from the state government. I will soon get the original copy of the prosecution sanction and submit it to the court. The state government order also contains sanction under Unlawful Activities (Prevention) Act apart from 124-A, 153-A, 295-A, and 120-B.”
Last year, Mathura Police held Kappan, Atiq, Masood, and Alam at Maant toll plaza while they were on their way to meet the family of the deceased victim in Hasthras. The 19-year-old had been gang-raped and murdered and the police lodged a case against them accusing them of a ‘large conspiracy.’
The Police also claims to have recovered 6 cell phones and a laptop.