Chief Justice of India UU Lalit on Friday said the Supreme Court will grant bail to journalist Siddique Kappan. The journalist from Kerala was detained under the Unlawful Activities Prevention Act (UAPA) in October 2020 while on his way to Hathras, Uttar Pradesh, where a Dalit woman had died after being gang-raped.
“The person (Kappan) has been in custody for two years,” the Chief Justice of India, UU Lalit, said.
“The journalist must report to the police in Delhi for the next six weeks and then in Kerala,” the bench said. “In three days, he will be brought to a trial court, where he must present his passport,” it added.
But since Kappan is also facing a Prevention of Money Laundering (PMLA) case, the court stated that the bail conditions may be relaxed if he is required to file an application for bail in this case.
Siddique Kappan, a reporter for the Malayalam news site Azhimukham, was detained by the UP police on suspicion of attempting to disrupt Hathras’ law and order. The police said that he had connections to the Popular Front of India (PFI). The journalist has maintained this position his entire career.
The Uttar Pradesh government contended in court on Friday that Kappan is not even a certified journalist and was paid to provoke rioting. “He belongs to the PFI, which is a terrorist organisation, and was attempting to incite a riot while using explosives,” said Mahesh Jethmalani, the lawyer representing the UP government, who also said that he possessed incriminating literature.
The evidence against Kappan was questioned by the Supreme Court. “What was discovered about Kappan? No bombs were discovered, no materials were discovered on him or in the vehicle, and they weren’t used for spreading anything, “said Chief Justice Lalit.
Kapil Sibal, the attorney for Mr. Kappan, urged the prosecution to read the materials.
The Chief Justice questioned, “What material was unsafe? Is there literature which indicates anything damaging?”
UP government claimed it was a “toolkit,” a term commonly used to describe a guide for inciting agitation or terror.
“What you’ve shown in terms of literature doesn’t show anything,” the judges said.
After having his bail request denied by a local court in Mathura, Uttar Pradesh, in July of last year, Kappan appealed to the Allahabad High Court. Kappan had “no employment” at Hathras, according to the Allahabad High Court, which denied him bail.
Mohammad Alam, the taxi driver who was also charged with Kappan, had his bail increased by the High Court on August 23. The bail order noted that while “incriminating evidence” was seized from Kappan’s custody, none was seized from Alam.
Kappan stated in the Special Leave Petition that the purpose of his visit was to fulfil his professional obligation of reporting on the infamous Hathras rape/murder case. The Special Leave Petition was filed through Advocate Pallavi Pratap. He was detained, nonetheless, on the basis of “false” accusations.
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