The state of Uttar Pradesh has filed a Statement of Objections, sworn to by the Deputy SP, STF Unit Agra, Uttar Pradesh, the Investigating Officer in the Hathras conspiracy case, opposing the bail plea of UAPA accused Siddique Kappan. Kappan claims to be an independent journalist, however, Uttar Pradesh in its affidavit has provided details of the investigation where they have demonstrated his deep links to Islamist outfit PFI. In the affidavit, the UP government has said that the investigation has revealed Kappan’s personal links to the top leadership of PFI and CFI, their student organisation. The affidavit further makes a connection between CFI and Al Qaeda, the Islamic terrorist organisation, through organisations like IHH in Turkey.
“High Court has meticulously considered the chargesheet, case diaries and evidence against the Petitioner before finding a prima facie case is made out and only then rightly refused bail,” the affidavit read. The affidavit further opposed the bail plea of Kappan saying that the accused knew how to take advantage of the loopholes in the law and that if he was released, it would pose a credible threat to the lives of the witnesses in the case.
In the affidavit, the Uttar Pradesh government also meticulously listed in a table the issues that Siddique Kappan had lied about and the facts he had suppressed from the court in order to secure bail.
1. Misrepresents his employment in Saudi Arabia and links to PFI
In his bail plea, Siddique Kappan categorically states that he was “employed” in Saudi Arabia from 2002 – 2011. It is further stated by Kappan that in 2011, he “resigned from his job in Saudi Arabia and settled in Kerala” and that “since he was very passionate about journalism and was an occasional writer…he opted to join as a sub-editor of the ‘Thejas’ Newspaper at Kozhikkode. In this, he fails to mention who his employers were in Saudi Arabia, for whom, he reportedly worked for almost a decade.
Uttar Pradesh government’s investigation revealed that at least from 2009, Siddique Kappan was employed with Gulf Tejhas Daily in Jeddah as a reporter. In the FSL analysis of his laptop in Agra, word File titled “Sidhique Kappan Resume.docx” was found by the police which lists his employment details.
The affidavit says, “‘Thejas’ is a Malayalam language mouthpiece of the extremist organization Popular Front of India (PFI) with six editions in Kerala and international bureaus in Saudi Arabia, Qatar and Bahrain. The publication was compelled to shut down in India in 2018 amidst reports (including by a Kerala High Court-appointed independent committee) that the paper’s coverage was aimed at creating religious discord”.
The UP government’s affidavit further states in May 2011, after the US had neutralised Islamic terrorist Osama Bin Laden, the magazine that Kappan worked for published its edition with his picture on the cover along with a Quranic verse and the word “Martyr” on it.
The verse of the Quran on the cover page translates to, “Do not think they are dead; the people who killed in the way of Allah; they are living with Allah; they are provided resources (gifts)”.
The affidavit says that as per his own admission, Siddique Kappan was employed with the magazine when this cover was published and has been associated for over a decade with an employer that espouses a terrorist ideology.
2. Kappan lies, says he was not carrying the Tejhas ID card when he was arrested, on his way to Hathras
In his bail plea, Siddique Kappan claimed that when he was arrested on his way to Hathras, he was not carrying the ID card of Tejhas, but was only carrying the Press Club of India card. However, the Uttar Pradesh affidavit exposes this lie peddled by Kappan as well.
In the affidavit, it is mentioned that when Kappan was arrested on the 5th of October 2020, while on his way to Hathras, 4 ID cards were recovered from his possession. 2 of which were of Thejas Daily, 1 was of the Delhi Union of Journalists (which itself noted Siddique Kappan’s employment with Tejhas) and 1 was a card of Press Club of India.
3. Siddique Kappan says that he was not deployed by PFI/CFI to go to Hathras
Kappan says that he was deputed by his “present employer” and not by PFI or CFI to go to Hathras. The Uttar Pradesh govt has given details of the people he was travelling with when he was on his way to Hathras and how he is connected to PFI and CFI.
The govt said he was travelling with persons who were named accused in previous riots, namely:
- Atik–ur–Rahman, National Treasurer of CFI, accused in relation to Muzaffarnagar riots (Case Crime No. 1161/2019, PS Kotwali Nagar, Muzaffarnagar)
- Masood Ahmad, former General Secretary of the Delhi chapter of CFI, was accused in relation to the Behraich riots (Case Crime No. 225/2020, PS Jarwal Road, Behraich)
- The 3rd co-accused in the car, i.e. the driver Alam, was the brother-in-law of co-accused Danish Khan, who is also an accused in relation to the Delhi riots (Case Crime 59/2020, PS Crime Branch Cell, Delhi).
The government’s contention is that if he was merely carrying out his journalistic duties, why was he travelling with the riot accused? This question was posed to Kappan and he was unable to provide a satisfactory answer for the same.
The affidavit further says, “Per contra, it has come out in the investigation that the Petitioner was actually part of the PFI/CFI delegation to meet the family of the Hathras victim and foment discord and spread terror. The investigation has revealed that the said delegation was sent to Hathras on the directions of co-accused Rauf Sharif (National General Secretary, CFI, prime fundraiser and financial transaction handler for PFI/CFI), who had also provided finances for the trip”.
Further, Rauf Sharif sent a Whatsapp message to Kappan at 12:26 pm on 05/10/2020. The affidavit says, the WhatsApp message “specifically stated: “What’s the status there” meaning thereby that Sharif was well aware of the Petitioner’s whereabouts on the date. The same is also confirmed by co-accused Rauf Sharif’s 161 statement in the present case”.
The fact that Kappan was deputed by PFI/CFI is further evidenced by the fact that even the statement of the Editor of Azhimukhum nowhere states that the said publication had deputed the Petitioner to cover the Hathras incident, it merely states that the Petitioner had at 12.10 am on 5.10.2022, sent the office a whatsapp message that he is going to Hathras.
4. Siddique Kappan claims in his bail plea that no incriminating evidence was collected from his possession upon arrest
Siddique Kappan has played the victim and claimed that no incriminating evidence was recovered from him when he was arrested on his way to Hathras, however, the UP govt has contested the claim and called it “patently untrue”.
They say, “3 sets of a 17-page pamphlet with the front page having the words “Justice for Hathras victim” and another page having the words “Am I not India’s Daughter (made with Carrd) were recovered from the car. A perusal of the pamphlet would demonstrate that it is nothing more than a “Rioting 101” for rioters, teaching them how to, inter alia, conceal themselves from the police, which “riots” to attend, to “recognize the place you are rioting in“.
5. What did Siddique Kappan get money for?
Kappan in his bail plea has claimed that the Rs 25,000 he got in September in cash and the Rs 20,000 he got in October was not meant for (i) conducting a secret workshop in September and (ii) making the trip to Hathras in October to foment religious discord and spread terror.
The UP govt says that Kappan’s assertions are untrue based on their investigation and also, according to his own submissions in the high court, the statements seems contradictory.
The govt’s affidavit says, “In the present Petition, the Petitioner has claimed that the Rs. 25000 of 15.09.2020 was money deposited by him which he had saved to construct a house and that the Rs. 20000 of 4.10.2020 was money that had been borrowed by friends and returned to him. However, in his Supplementary rejoinder before High Court, the Petitioner has (at p. 364) states that “the alleged payments made to the applicant are relating to his salary paid for working at Tejas Daily.” Thus, there is a clear contradiction in the Petitioner’s own version of the source of the said funds”.
Further, the govt says that there are chats between Kappan and Kamal KP, General Secretary, PFI (comprising largely of voice notes) that reveal that there was a secret workshop in September that Kappan had to conduct. Kappan, in his voice note to Kamal KP also tells him to “delete the voice note after he hears it”. It was after this workshop that Kappan was paid Rs 25,000 in two tranches. The affidavit says, “Further, the Section 161 statement of co-accused Rauf Sharif (Annexure R/7) stated that Kamal KP deposited cash in the account of the Petitioner for the purpose of the Hathras journey. The Petitioner has, later in the High Court, pleaded that the workshop referenced in the 09.01.2020 voice note was merely a Wikipedia workshop; however the same begs the question: why would the Petitioner ask the recipient (Kamal KP) to delete the voice note if it were for something as innocuous as a Wikipedia workshop”.
6. Siddique Kappan claims he had no personal connection with PFI/CFI leadership beyond his employment at Tejhas
The affidavit, countering this claim by Kappan says, “This is patently untrue. The investigation (detailed hereinafter) has revealed a close nexus and deep connection of the Petitioner with the extremist PFI and its chapters including CFI, a close nexus with top leadership of PFI/CFI (which is basically formed of ex-SIMI members), who in turn have been found to have connections with Al Qaeda linked organizations like IHH in Turkey. An analysis of the Whatsapp chats between the Petitioner and the said top leadership of PFI reveal that his relationship with them was not, as claimed, merely in relation with his so called journalistic work with Thejas, but rather, went much deeper, in which he warned them of government suspicions of PFI, discussed his ambitions, has written articles in other publications on the directions of such PFI members, and has, in one chat specifically even admitted that he is a “PFI person”.”.
The Supreme Court will hear Kappan’s bail plea for final disposal on 9th September. There are several shocking revelations in the response filed by the Uttar Pradesh government, however, it is amply clear that the “journalist”, who has found support from several liberal quarters, is closely associated with the PFI, was on his way to Hathras on their instructions and has lied in his bail plea application to the Supreme Court according to the UP government.
Siddique Kappan among 4 arrested under UAPA by Uttar Pradesh police
Siddique Kappan was arrested by the UP Police on October 5 while he was proceeding to cover the Hathras case where a 19-year-old Dalit woman had died after a strangulation attempt. He was arrested along with three other persons, under stringent sections of UAPA and sedition charges for attempting to create a caste-conflict in the state amidst the ongoing Hathras case controversy.
Apart from Kappan, Siddique of Nagla in Muzaffarnagar, Masood Ahmed of Jarwal in Bahraich district, and Alam of Kotwali area in Rampur district were arrested.
According to the FIR, the UP Police has charged all the accused under Section 17 of the UAPA that deals with raising funds for a terrorist act. The four people who were apprehended from Mathura on October 5 were then sent to 14-day judicial custody.
Reportedly, all the arrested four had connections with radical Islamic organisations Popular Front of India (PFI), and were planning to cause caste-based unrest in the state.
