STATEMENT OF FACTS
The appellants, Dr. Siddhinath Singh, Niranjan Dam, and Pratyay Guha,
are citizens of Zundia. Dr. Singh is a renowned medical practitioner and
human rights activist; who came to the limelight for strongly criticizing
the government on human rights violations on the pretext of its anti-
terrorist operation, Niranjan Dam is a dropout from ZIT and leader of
the Nihilist movement; and Pratyay Guha is a businessman. Appellant
Dr.Singh used to contribute articles in the famous journals of the
country and write books on different social aspects, such as unjust and
illegal treatments meted out to the common people at various levels
and also the atrocities of the police and para military forces on the
pretext of maintaining law and order of that area. During such social
activities appellant Dr. Singh was acquainted with others two co-
appellants Niranjan Dam, and businessman Pratyay Guha. The police
authority of the Rampur district, on the basis of suspicion arrested Dr.
Siddhinath Singh from his house on 14th May 2007 on the charge
acting as a courier between Nihilist leader Niranjan Dam and
businessman Pratyay Guha and for having links with Nihilists. Dr. Singh
was produced before the Court of Magistrate, First Class at Rampur,
where his prayer for bail was denied, and he was remanded initially to
police custody and subsequently to judicial custody. Police collected
oral and documentary evidence during their investigation. Pratyay
Guha confessed that those letters, allegedly written by Mukund Lal and
Niranjan Dam, related to problems in jail and human rights violations,
nihilist activities, and atrocities by the police and paramilitary forces.
After that police arrested appellant Pratyay Guha due to discovery of
three letters from him near Rampur Railway Station on June 6, 2007.
The said appellant Mr. Guha confessed that those three letters were
given by Niranjan Dam to Siddhinath Singh. Those three letters were
apparently addressed to three different persons requesting them to
look after their children. Police without expert consultation, interpreted
the letters allegedly given to Guha by Niranjan Dam for Siddhinath
Singh as relating to revolutionary organizations. Mr. Guha was
produced before the Ld. First Class Magistrate Courts and he prayed for
but his bail applications were repeatedly denied. On the basis of
suspicion the I.O. arrested appellant Nihilist leader Niranjan Dam.
Following an investigation by I.O., Dr. Siddhinath Singh, Pratyay Guha,
and Niranjan Dam were charged under various sections of the ZPC,
ZSSA, and UAPA Act. Appellants produced before the Court of
Additional Sessions Judge. The Additional Sessions Judge framed
charges and conducted a trial, examining numerous witnesses and
documents for both the prosecution and defense. After that the Ld.
Trial Court held all three appellants guilty and sentenced them to life
imprisonment and fines, with additional sentences running
concurrently. But respected Additional Sessions Judge failed to
adequately explain section 313 of the Cr.P.C. to the accused before
their examination. After this heart-wrenching judgement given by the
Ld. Additional Sessions Court, Dr. Singh, Pratyay Guha and Niranjan
Dam appealed their conviction and sentence in the Zunagarh High
Court, arguing inadmissible evidence and improper examination under
section 313 Cr.P.C. The Zunagarh High Court dismissed these appeals.
When they appealed the same in the Supreme Court of Zundia, it
dismissed their prayers for bail on several occasions. Subsequently, Dr.
Siddhinath and two others filed Special Leave Petitions in the Supreme
Court of Zundia, challenging the lower courts' findings and the
constitutionality of Zundia's sedition law, while also requesting bail
pending the Supreme Court's decision.
