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The Mathura Court on November 13 rejected the bail applications of two Campus Front of India (CFI) members and one driver. All three applicants along with a journalist from Kerala were arrested by Uttar Pradesh Police on their way to Hathras in October.
Government Counsel (Mathura) Shiv Ram Singh told The Indian Express, “The court today (Friday) rejected the bail applications of Atiq-ur-Rahman, Masood and Alam. On Thursday, after hearing arguments from both sides, the court had reserved its order.”
The court of Additional District and Sessions Judge Mayur Jain delivered three separate orders as reported by LiveLaw. The bail pleas were rejected on the basis of the bar under Section 43-D (5) of the Unlawful Activities (Prevention) Act, 1967.
The orders state that the bail pleas are liable to be rejected due to the embargo created under Section 43-D (5) of the UAPA. Section 43-D (5) states that:
“..no person accused of an offence punishable under Chapters IV and VI of this Act shall, if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release: Provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true.”
In addition to charges under UAPA for raising funds for a terrorist act, the court noted that the three were also accused of sedition and promoting enmity between different groups on grounds of religion, deliberate and malicious acts intended to outrage religious feelings that attract sections of the Indian Penal Code.
The court also took into account the allegations of the Prosecution that the accused intended to create disharmony and through the website ‘Justice for Hathras Victim’, they sought to propagate anti-national emotions among the youth.
The Single Bench observed that the prosecution’s allegations against the accused are ‘grave in nature’ and thus keeping in mind the mandate of Section 43D (5) of the UAPA, the Court rejected the three bail applications.
Background
The bail plea of the three accused were rejected in the lower court of Mathura on October 16 and hence they moved Sessions court as reported by SabrangIndia. In addition to this, journalist Siddique Kappan’s habeas corpus petition is pending before the Supreme Court and is listed on November 16.
On November 11 the court of District and Sessions Judge Sadhana Rani Thakur (Mathura), admitted the revision plea filed by the three men against the order of the Chief Judicial Magistrate, which allowed 48-hour police remand of the youths. The next hearing on this matter is on November 27.
They were all arrested by the Uttar Pradesh police after a laptop and some ‘objectionable’ literature relating to ‘Justice for Hathras Victim’ was allegedly recovered from their possession while they were en route to Hathras.
It is alleged that they are linked with Popular Front of India’s (PFI) student wing Campus Front of India (CFI) and were traveling from Delhi. Presently, the four men are lodged in Mathura Jail.
Related:
UP Police arrest Muslim journalist, 3 others near Hathras for carrying ‘suspicious literature’
Hathras case: Mathura court admits revision plea of three charged for sedition
Hathras case: Mathura court reserves bail order of three charged for sedition