In the instant case, Atiqur Rahman, Masood Ahmed and Alam, and Siddique Kappan were arrested, and a case is registered against them by male police while they are proceeding to Hathras to meet the family of a Dalit woman allegedly raped and murdered last year.
They were initially booked under section 151(Arrest to prevent the commission of cognizable offenses), 107(Security for keeping the peace in other cases), and 116 (Inquiry as to the truth of information).
Subsequently, suspecting them to have a link with the Popular Front of India (PFI) they were further charged under 153A (promoting enmity between groups), 295A (outraging religious feelings), 124A (sedition), 120B (conspiracy) of Indian Penal Code, 1860, section. 17 and section. 18 (raising funds for the terrorist act) of Unlawful Activities (Prevention) Act, 1967.
Further, they were charge-sheeted based on the above charges by Uttar Pradesh special police task force.
Subsequently, Journalist Siddique Kappan denying all the allegations leveled against him has moved a regular bail application before the Hon’ble Mathura District Court stating that there is nothing that can be found from the charge sheet in support of allegations leveled by police against them.
Further, it is stated in the bail application that keeping in jail on the strength of UAPA, 1967 without any evidence against him is a clear misuse of power and is causing clear injustice to their rights.
Based on the bail application Divisional Magistrate of Mant, Ram Datt Ram dropped proceedings against Siddique Kappan and his associates as the mandatory provision of Section 116 (6) of Code Criminal Procedure, 1973 is not complied with by the police i.e., completing the inquiry within six months from the date of its commencement.