A court in Mathura has rejected the UP STF’s plea to question alleged PFI activist and Kerala journalist Siddique Kappan, who is accused of terrorism, over some incriminating document found at his home in Delhi.
Additional district and trial judge Anil Kumar Pandey rejected the Special Task Force’s plea and said the accused cannot be questioned again after the charges in the case have already been filed.
Mr Kappan is currently in custody in a terror case involving unrest and funding following the death of a Hathras woman, set on fire after her rape and brutalization.
“The prosecutor’s request at a stage where charges have already been filed in court cannot be accepted and must be dismissed,” ADSJ Pandey said in his injunction on Monday.
In its plea in court, the STF had said that Mr Kappan’s home in Delhi was raided on November 11 last year, finding a booklet belonging to the banned terror group SIMMI with some handwritten comments on it.
The booklet had been sent to the Agra forensics lab to match Mr Kappan’s handwriting with that in the book, but the lab said in its report dated June 21 this year that the two manuscripts did not match, according to a plea from the STF.
Accordingly, the suspect had to be questioned about the booklet and the handwritten notes on it, it said.
Defense attorney Madhuban Datt Chaturvedi said the STF had attempted to question Mr Kappan over an issue that is part of a previously conducted and closed investigation.
It was not a matter for further or additional investigation, he said.
After filing the charges with the court, the investigation on any previously conducted point cannot be allowed under Article 173(8) of the Code of Criminal Procedure, he said.