OBSERVING THAT there was no “strong reason which may justify continued detention”, the Allahabad High Court granted bail to a member of the banned Popular Front of India (PFI), Atikur Rahman, in a case registered in Mathura for allegedly attempting to create unrest and instigate protests in connection with the Hathras gangrape incident. Rahman was arrested along with journalist Siddique Kappan, cab driver Alam, PFI member Masood in October 2020 while they were on their way to Hathras in Uttar Pradesh, where a Dalit woman was killed after allegedly being raped. The accused were booked under UAPA, IPC sections for sedition, and other charges by the UP police. The court was “informed that barring a sum of Rs. 5,000 credited to the account of the present appellant (Rahman), no other financial gain through the website is apparently shown on the basis of any tangible material”. “The might of the State is bound by the constitutional morality and any departure would come to the rescue of the person aggrieved for Article 21 of the Constitution of India is the grundnorm,” said the court. While granting him bail, a Bench of Justices Attau Rahman Masoodi and Renu Agarwal Wednesday said, “Preventive detention of a citizen for just and plausible reasons is a measure permissible under law. In the present case, it is difficult for us to comment upon the reasons germane to the cause.” The court added, “We, however, notice that the counter affidavit, after filing of the charge-sheet, does not spell out any strong reason which may justify continued detention of the present appellant who is in judicial custody since 05.10.2020.” The court also took note of the fact that the "two co-accused who are named in the same FIR have been enlarged on bail by a coordinate Bench of this Court and Hon'ble the Supreme Court." Despite getting bail in the case lodged in Mathura, Rahman will continue to be in judicial custody till he secures bail in a separate case for alleged money laundering lodged by the ED. “The work to secure bail in ED case is ongoing. It should be finalised soon,” said Advocate Sheikh Saifan, representing Rahman.
