Nadeer released from police custody; DGP says not charged under UAPA

Thiruvananthapuram: Police Tuesday let off Human Rights activist Nadeer Gul Mohammed from its custody, saying there was "no evidence" against him, after the issue turned controversial and his friend and writer Kamal C Chavara sitting on hunger strike demanding the activists release.

Nadeer was taken into custody yesterday when he went to visit writer and theatre activist Kamal C Chavara, who was detained by police for allegedly insulting the national anthem, at the Kozhikde Medical College Hospital.

After Nadeer was taken into custody, the writer started a hunger strike demanding the activists release.

DGP Loknath Behara said Nadeer was taken into custody on the basis of "suspicion" about his Maoist links.

"He was picked up for questioning to clear some doubts. However, since there was no evidence against him, he was let off today," the DGP told reporters here.

Also, he clarified, no case was registered against Chavara under UAPA. But a case under section 124A (sedition) of IPC had been registered against him. "But it will not stand, I clearly know," he said, adding, the writer had also not been arrested, and was "free".

Later, in a press note the DGP denied some media reports that Chavara and Nadeer had been arrested. "It is hereby clarified that both of them have not been arrested," he said.

"With regard to writer Kamal C Chavara a case under section 124A (sedition) of IPC had been registered on the allegation that he had insulted the national anthem. The case was prima facie registered on the basis of allegation."

"Investigation is on and as part of the investigation, Kamal was questioned by the police. This is a part of the investigation required as per law. He has not been arrested so far and he is not in police custody," Behera said.

In the case of Nadir, he was asked to join the probe of a case registered by Aarlam Police in March this year and his statement has been recorded in a case registered under UAPA for going to a house in Aaralam and threatening the inmates and extortion, the DGP said.

"After questioning Nadir and doing some scientific checks, his involvement in the case has not come up so far. So he has been let off and has been requested to cooperate with the police as and when required," Behera said.

"It may be clarified that investigation process has to be completed after a case is registered and it is the legal duty of police to question and record the statement of a suspect, a witness, an accused which Kerala police did in both the cases," he said.