NEW DELHI: The Uttar Pradesh government has opposed before the Supreme Court a bail plea by Kerala scribe Siddique Kappan, contending that he had "close links" and "deep nexus" with extremist organisation, Popular Front of India (PFI), and was at its behest travelling to Hathras where a Dalit girl was gang raped and killed.
"A clear prima facie case against the petitioner has been established, who, at the directions of the top leadership of PFI, has been writing articles targeted at spreading communal tensions, fomenting riots and terror," it said.
"In furtherance of this conspiracy, the petitioner was travelling to Hathras on 05.10.2020 as part of the PFI/CFI delegation for which he had received funds, intended to be used for such riots and terror acts," it added.
The state government filed its response on the top court's direction issued on a petition by Kappan against the Allahabad High Court's order of August 2, refusing him bail.
Kappan has been represented by senior advocate Kapil Sibal before the top court.
Kappan, along with others, was arrested by the UP police under various provisions of the Unlawful Activities (Prevention) Act.
In its reply, the UP government said, "The investigation has revealed that the petitioner is part of the larger conspiracy with the co-accused (including the financial launderer of CFI, Rauf Sharif) to foment religious discord and spread terror in the country, especially in the wake of anti CAA protests and violence, the Babri Masjid decision of this court and and the Hathras incident."
"The anti-national and terrorist PFI conspiracy and agenda dates back to 2010 (when PFI cadres (ex SIMI) had brutally maimed (hacked off the hands) of Christian Lecturer TJ Thomas of Newman College, and to 2013 when a PFI-backed weapons training terrorist camp was raided by the Kerala police at Narath, the UP government claimed.
The state government said even though chargesheet has been filed, the investigation into the entire terrorist cell is still ongoing.
"In fact notices have been served to PFI leadership, namely, P Koya, and Kamal KP, but they have not yet responded. There is every likelihood of further evidence being discovered and tampering of the same by the accused," it said.
The state government further said that the petitioner has been unable to explain and has infact contradicted himself on the source of the cash deposits of Rs 45000 made in his account in September October 2020, which have been stated by the other co-accused to have been deposited by PFI members in furtherance of conspiracy to carry out terrorist acts at the behest of the terrorist gang PFI.
Relying upon WhatsApp chats, the state further claimed that the investigation has revealed that the petitioner has a deep nexus with the extremist PFI and its chapters including CFI, and its top leadership, in particular P Koya, ex-SIMI member, PFI Executive member, and Editor in Chief of Thejas.
"P Koya, along with EM Abdul Rahman, has connections and interactions with Al Qaeda linked organization IHH in Turkey," it claimed.
The government further claimed the documents recovered from the petitioners laptop as well as from a steel almirah in his rented house in Delhi, also showed how the current PFI leadership was basically comprised of ex-SIMI (Students Islamic Movement of India banned as a terrorist organization) members.
"While PFI admittedly, has not been banned country wide, it has in fact been declared as an illegal organization, membership of which is punishable, by the Jharkhand Government on 12.02.2019," it added.
Among other circumstances, the state government said all co-accused are notorious criminals with multiple riot related investigations pending against them. Since charges havent been framed due to the non appearance of co-accused Danish, trial has not been able to commence.
"There is a grave and credible threat to the lives of these witnesses, who are already being targeted and trolled online for giving evidence against the petitioner," the government said, referring to the case of one such witness, V V Binu, a journalist, and resident of Bihar, who had to be provided with police protection after threat.
