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Before the Allahabad High Court on Wednesday, the Additional Advocate General on behalf of the Government of Uttar Pradesh, objected to the maintainability of the Habeas Corpus petition filed by UAPA accused Atiq-ur-Rehman claiming unlawful judicial custody.

Before the bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar, AAG contended that at the instance of other co-accused in this alleged Hathras conspiracy case, the matter has traveled up to the Supreme Court (Kerala Union of Working Journalists v. Union of India & Ors.) and the Apex court has said that the accused can apply for 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.

AAG stressed that in the said case, the top court also took note of the fact that Rehman and other accused were produced before a jurisdictional court after arrest and that a voluminous charge sheet has already been filed before the court concerned.

It was also argued by the AAG that Rehman’s habeas corpus plea alleges that his remand was obtained from a court having no jurisdiction in the matter, however, the same has been examined and repelled by the revisional court and Rehman has not challenged that order so far.

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

Furthermore, AAG pointed out that in the instant case, not only the chargesheet has been filed but also cognizance has been taken by the court concerned and warrants under Section 309 Cr.P.C. has also been issued, therefore, Rehman’s Habeas Corpus petition, at this stage, would not be maintainable.

To this, Senior Advocate S.F.A. Naqvi, representing Rehman, sought some time from the court to respond to AAG’s submissions stating that such objections have been taken for the first time.

Allowing Sr. Adv. Naqvi’s request, Court posted the matter on March 11 for further hearing.

Rehman was held by UP Police on October 5 2020 on his way to Hathras, Uttar Pradesh along with Kerala journalist Siddique Kappan and two others while he was heading to meet the family of a gang-rape victim. Rehman was booked under Sections 17 and 18 of Unlawful Activities (Prevention) Act (UAPA) and other sections of the Indian Penal Code and Information Technology Act.

Case Title: Atiq Ur Rehman And 2 Others v. State of U.P. and Another