Hathras case: Mathura court reserves bail order of three charged for sedition

Image Courtesy:telegraphindia.com

A Mathura Sessions Court reserved its order on bail applications filed by two Campus Front of India (CFI) members and one driver. All three along with a Kerala based journalist were arrested by Uttar Pradesh Police when they were on their way to Hathras to meet the deceased girl’s family.

Government Advocate Shiv Ram Singh appeared for the Uttar Pradesh Police. Madhuban Dutt Chaturvedi represented all the accused.

Additional District and Sessions Judge Mayur Jain noted the arguments presented by both parties and decided to reserve its order till tomorrow. As reported by The Indian Express, Madhuban Dutt said that,

“In the bail applications, we told the court that no crime could be made out against these three youths. Also, so far, police have failed to collect any evidence against them. We also questioned the state government’s decision of ordering UP Police’s Special Task Force (STF) to investigate the case.”

Section 6 of the National Investigation Agency Act, 2008 stood violated as argued by Advocate Dutt. This section lays down the appropriate procedure to investigate the offence from a report prepared by the police officer to forwarding it to the State Government and Central Government.

“A case under Unlawful Activities (Prevention) Act should be investigated by NIA and till a decision is not taken by the government, the Station House Officer of the police station concerned (where FIR has been lodged) should investigate the case”, added the defence counsel.

The bail plea of the three accused were rejected in the lower court of Mathura on October 16 and hence they moved Sessions court. In addition to this, journalist Siddique Kappan’s habeas corpus petition is pending before the Supreme Court and is listed on November 16.

SabrangIndia had reported on November 11 that 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.

The accused have been booked under the UAPA for raising funds for a terrorist act, sedition laws, promoting enmity between two groups and deliberate and malicious act intended to outrage feelings under relevant sections of the Indian Penal Code. Presently, the four men are lodged in Mathura Jail.