The Special Investigation Team (SIT) probing the rape case against actor Siddique delayed direct questioning, saying that effective interrogation is possible only after getting materials and information from him. On the face of it, some of the materials and details sought by police seemed difficult to produce; for instance, the team also sought details of screenwriter T A Razak as part of the probe, to which Siddique replied that Razak had died in 2016. The team also asked him to produce devices he had used in 2014 which had been junked by Siddique. All this was revealed in the documents presented in the Supreme Court as part of the bail plea filed by Siddique.
The police wanted Siddique to produce details of SIM cards owned by him between 2014 and 2024, mobile phones, gadgets like laptop, tabs used between 2014 and 2024, WhatsApp communications between Siddique and the survivor, details of social media platforms used during the above mentioned period. Siddique was informed by mail that ''effective questioning on the facts of the case can be asked only after getting the materials and information from you". The investigation officer added, " Only after obtaining these materials and details will I be able to interrogate you and record your statement".
In his reply, Siddique said that the SIT was not interrogating or recording his statement but seeking materials and details. He also furnished SIM card details and said he did not use a laptop or tab. " The instruments which I had used earlier were discarded by me when I shifted to the present instruments and are not available with me. There has not been any communication with the victim through these phones, and these instruments have no relevance to your investigation," he said in the reply.
The police then shot off another mail seeking additional information in addition to what was asked in the previous mail. This included information on his bank accounts, passport number, mobile numbers of Siddique's drivers, Aadhaar details, membership details of AMMA, details of his Facebook page handler Lukman, vehicles and details of director Reji Prabhakar and scriptwriter T A Razak. Siddique responded with answers to queries and noted that T A Razak died in August 2016. He said he didn't understand the purpose for which his personal details were sought from him, which had no relevance to the probe. T A Razak died in Kochi in August 2016 while undergoing treatment for an ailment. The 58-year-old writer had worked in over 30 films and was a state award recipient.
The rejoinder affidavit filed by Siddique's counsel in response to the report filed by the Investigation officer in the Supreme Court noted, "It was unheard of for an investigating agency to issue notice to an accused to produce ‘materials and details’ and inform him that they will interrogate him after the materials and details are obtained. The whole purpose of the investigation is to collect them, but the investigating agency is demanding that the accused should bring details and materials first, and he will be interrogated thereafter.”
The police kept insisting on getting materials from Siddique and then questioning him while claiming that they had a stockpile of evidence against him. The report filed by police in the SC cites that even though the investigation is at the initial stage, there is a stockpile of evidence against Siddique. The report also says that Siddique attempted to destroy his mobile phones in the period he went absconding to avoid examination of these devices by the police. "As per the statement of a witness, the petitioner contacted him with queries regarding destroying his gadgets to wipe out evidence of his acts," the police report notes.
According to the report filed by police, custodial interrogation of Siddique is inevitable for effecting recovery of gadgets as he had stated that he discarded it. A senior official associated with the probe said there was nothing wrong with insisting on getting Siddique's materials. "In a rape case, the burden of proof is on the accused," the official said. When asked if seeking details of a deceased person from Siddique showed lack of homework, the official said, "It's all part of the probe, some people are relevant to the investigation and getting details matters.”
