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UP Govt Opposes UAPA Accused Atiq-Ur-Rehman's Habeas Corpus Plea In Allahabad High Court

Sparsh Upadhyay
4 March 2022 7:34 AM GMT
UP Govt Opposes UAPA Accused Atiq-Ur-Rehmans Habeas Corpus Plea In Allahabad High Court
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The Uttar Pradesh Government has opposed the Habeas Corpus plea moved by UAPA Accused Atiq-Ur-Rehman before the Allahabad High Court. Atiq was held by UP Police in 2020 while he was on his way to Hathras to meet the family members of gang rape and murder victim.The Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar recorded the objections raised by the Counsel for the...

The Uttar Pradesh Government has opposed the Habeas Corpus plea moved by UAPA Accused Atiq-Ur-Rehman before the Allahabad High Court. Atiq was held by UP Police in 2020 while he was on his way to Hathras to meet the family members of gang rape and murder victim.

The Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar recorded the objections raised by the Counsel for the Uttar Pradesh Government.

During the course of the hearing, when the counsel for Atiq, Senior Advocate S.F.A. Naqvi argued that UP police obtained his remand from a court having no jurisdiction, the Court repeatedly asked him as to how the habeas plea was maintainable when the issue was already examined and repelled by the revisional court.

The Court, however, added that in case he wished to proceed with the argument, the court will then hear him on merits and issue and appropriate an order.

It may be noted that the Additional Advocate General raised a preliminary objection to the maintainability of the Habeas Corpus petition on the following three grounds:

(I) That the matter, at the instant of co-accused, has traveled up to the Supreme Court in Writ Petition (Criminal) No.307 of 2020 in which the Supreme Court has recognized the right of the accused persons in the same case to apply for a grant of bail or take such other steps, as may be available in law by virtue of Section 482 Cr.P.C. and Article 226 of the Constitution of India.

It was also stated that the Supreme Court had taken note of the fact that the accused was produced before a jurisdictional court after arrest and that a voluminous charge sheet has already been filed before the court concerned.

(II) The issue of remand having been obtained from a court having no jurisdiction in the matter, as alleged by the petitioners, has already been examined and repelled by the revisional court in Criminal Revision No.184 of 2020 decided on 14.12.2020, which is not under challenge.

In this regard, it was argued that without laying challenge to such order, the Habeas Corpus petition itself would not be maintainable in view of the law laid down by full bench of this Court in Km. Rachna and Others Vs. State of U.P. and Others

(III) That the charge sheet has not only been filed but cognizance has also been taken by the court concerned and warrants under Section 309 Cr.P.C. has also been issued therefore the Habeas Corpus petition, at this stage, would not be maintainable.

Having formed the three issues as raised by the UP Govt, the Court granted time to Senior Advocate S.F.A. Naqvi, counsel for the petitioner, till March 11, as he argued that the abovementioned objections were being taken for the first time and therefore, he wanted a short time to examine the matter and to respond the submissions so made.

Case background

Rehman was held by UP Police on his way to Hathras along with a Kerala journalist (Siddique Kappan) and 2 others while they were going to meet the family members of the gang rape and murder victim.

After being held by the UP Police, Rehman was slapped with Sections 17 and 18 of Unlawful Activities (Prevention) Act (UAPA), Sedition (S. 124-A IPC), Promoting enmity between different groups on ground of religion (S. 153-A IPC), deliberate and malicious acts intended to outrage religious feelings (S. 295-A IPC) and Section 65, 72 and 75 of the IT Act.

Senior Advocate SFA Naqvi along with Advocates Shashwat Anand, Santosh Kumar Singh and A.K. Mishra appeared for the petitioner.

Case title - Atiq-Ur-Rehman And 2 Others v. State Of U.P. And 2 Others

Click Here to Read/Download Order

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