PRAYAGRAJ: The Allahabad high court has directed the Central and state governments to file their respective replies in response to a habeas corpus writ petition seeking quashing of proceedings against two alleged Popular Front of India (PFI) activists and their cab driver, apprehended by the Mathura police while they were on their way to meet the family of the Hathras gang rape victim. Subsequently, they were remanded in judicial custody by the chief judicial magistrate (CJM), Mathura and sent to jail.
Hearing the petition filed by Atiq-Ur-Rehman and two others, a division bench comprising Justice Surya Prakash Kesarwani and Justice Shamim Ahmed fixed January 27 as the next date for hearing of the matter.
The petition was filed on behalf of student activist Atiq-Ur-Rehman, activist Masud and their cab driver Alam, all seeking their release from jail. Besides, they also sought quashing of the remand order of the CJM, Mathura by which they were sent to judicial remand, stating that the same is unlawful and the magistrate has no jurisdiction to issue remand order in this case in the light of a latest judgment of the Supreme Court. They further prayed for a direction to be released on bail and quashing of the FIR.
It was contended that the two petitioners, being concerned social activists, were going to meet the bereaved family of the Hathras gang rape victim and offer them consolation. The third one, Alam, being a taxi/cab driver, was ferrying them to the said destination. However, they were all detained on October 5, 2020, in Mathura, while they were on their way.
Appearing for the petitioners, their counsel had contended that the petitioners are unfortunate victims and scapegoats of the high-handedness of the police authorities.
“None of them are members of PFI. They have committed no offence, which is clear from a bare perusal of the sections slapped on them and the allegations in the FIR, which are completely false and bogus, and no case as against them is made out,” the petitioners’ counsel further contended.
According to the case file, the petitioners were apprehended on October 5, 2020, and later an FIR was registered against them on October 7, 2020, by the Mathura police invoking preventive powers under Unlawful Activities (Prevention) Act (UAPA), 1967. Thereafter, they were produced in the court of CJM, Mathura on October 7 and were remanded to judicial custody for 14 days.
Subsequently, the CJM, Mathura vide his order dated November 4, 2020, handed them over to the police custody.
An interim relief was sought for enlarging the petitioners on bail during the pendency of the instant proceedings. The petitioners have also sought permission to interact with their lawyers and family members through regular interviews via video conferencing. They also urged that the district judge, Mathura, be directed to visit the Mathura district jail to inquire into the human rights violations in the jail premises, if any, and submit a report before the high court.