“They Could Not Break My Resolve”

“Although I am happy to be out of jail, I was denied justice for a long time due to which I have suffered the consequences,” activist Atiq-ur-Rehman, who walked out of Lucknow district jail Wednesday night, told The Citizen.

Rehman was arrested in relation to the Hathras conspiracy case, and was granted bail by the Allahabad Court. Rehman was arrested in October 2020 along with journalist Siddique Kappan and two others, while they were on their way to Uttar Pradesh’s Hathras to meet the family of the brutal gangrape victim. The four, including Rehman, were charged under the Unlawful Activities (Prevention) Act (UAPA).

While Rehman was granted bail by the Allahabad High Court in March 2023, he remained in jail because of the Enforcement Directorate (ED) case, under the provisions of the Prevention of Money Laundering Act (PMLA). He was granted bail in the ED case in May.

“It was hard to be inside the prison and the condition of these jails is so bad, it is unliveable. My health deteriorated and despite repeated attempts to get myself checked the authorities made sure that the paperwork does not pass. I am out of jail and my paperwork has not been approved even now,” he said.

The bench of Justice Subhash Vidyarthi passed the order paving the way for Rehman's release after over almost 940 days of his incarceration. Granting him bail in the case, the bench of Justice Attau Rahman Masoodi and Justice Renu Agarwal in March 2023, observed that the counter affidavit, which was filed after the filing of the charge sheet, did not spell out any strong reason which may justify UAPA Accused activist's continued detention.

Speaking about how the government’s aim is to harass and intimidate anyone who speaks against the state’s injustice, Rehman said, “The intention of this government is to shut anyone who speaks against them. They want us to agree with whatever the state government is doing.”

Rehman said that he wants to speak about the condition of prisoners and raise the unhygienic conditions they have to live under. However, despite the hardships, he is determined to continue fighting. “They were unsuccessful in breaking my resolve and they won’t be able to ever break it,” he added firmly. A video of Rehman chanting “Inquilab Zindabad” as he was released from Lucknow jail has also gone viral.

However, the activist is suffering from health ailments due to the living conditions inside the prison and delay in getting treatment. “I am not well and will be visiting a hospital to get a check-up done,” he said.

In September 2022, Rehman’s family had alleged that the left side of his body had been paralysed, accusing the jail authorities of negligence. Since 2002, Rehman has been suffering from a heart ailment called aortic regurgitation, in which the heart’s aortic valve does not close properly.

In November 2021, after an urgent plea was moved by Rahman’s family in the Allahabad High Court, he was taken for heart surgery in AIIMS, Delhi. The family had alleged that he wasn’t given proper post-surgery care in the jail due to which his condition has worsened.

Speaking to The Citizen, Sanjida Rehman, who while she was happy on her husband’s release, also said that due to denial in justice earlier, his health has deteriorated. “We will be going to the hospital. I am really upset and sad that he had to go through this,” she said.

According to reports, after Rahman’s heart surgery in November last year, a list of post-surgery instructions was mentioned in his discharge letter. These included following dietary restrictions as well as visiting the OPD “at one week, one month, three months, six months, one year and then yearly intervals.”

In March 2022, the Mathura jail authorities wrote to Rahman’s family informing them that he is being urgently taken to AIIMS Delhi because he has complained of chest pains.

In April 2022, Rahman was moved from the Mathura jail to the Lucknow district jail.

Journalist Kappan was released from jail on bail in February this year, a month after the release of Mohammad Alam, the driver. Alam was the one driving Kappan, Rehman and activist Masood Ahmed to Hathras when their car was intercepted by the police and they were placed under arrest.

Meanwhile, the Court, in its March 15 order, also noted that the charges against Rehman were framed without affording him a due opportunity of hearing in the trial, and hence, the said order was set aside by the HC earlier remitting the matter back to the trial court for proceeding afresh in accordance with the law. The Court had also factored into account the orders of the HC and the SC granting bail to Kappan and Alam.

Rehman was held by UP Police on his way to Hathras along with Kappan and two others in October 2020 and was booked under Sections 17 and 18 of the Unlawful Activities (Prevention) Act (UAPA), Sedition (S. 124-A IPC), Promoting enmity between different groups on grounds 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.

Earlier this month, an SC/ST court in Uttar Pradesh acquitted all four accused on the charge of raping the Dalit woman in the Hathras case. It acquitted three people of all charges, finding one person committing culpable homicide not amounting to murder, under section 304 of the Indian Penal Code.