New Delhi: The Supreme Court on Friday granted to Kerala journalist Siddique Kappan, who had been in jail for two long years, after rejecting the Uttar Pradesh government’s plea not to free him on ground that he was planning to incite violence.
A Bench headed by Chief Justice U U Lalit granted bail to Kappan as it became clear during arguments that the so-called “toolkit” which was found with him had actually been prepared during the “Black Lives Matter” protests in the United States.
The judges asked Kappan to remain in Delhi for six months before proceeding to Mallapuram in Kerala, and said he must report to the police in Delhi and Kerala every week.
Now in a Mathura jail in Uttar Pradesh, Kappan was arrested under the Unlawful Activities and Prevention Act (UAPA). He moved the top court challenging the Allahabad High Court order which rejected his bail plea on August 2.
Kappan was also asked to submit his passport to the authorities.
The Supreme Court made it clear that every person has a freedom to express his views on the justice delivery system.
“Sometimes protests are necessary as there are some deficiencies there,” Justice S Ravindra Bhat said.
Kappan was a reporter for Malayalam News Portal and was arrested along with three others in Uttar Pradesh in October 2020 while on his way to Hathras to report on the gang-rape and murder of a 19-year-old Dalit girl.
The prosecution claimed that Kappan and the co-accused were travelling to Hathras to disturb peace. The defence denied the charge.
Senior advocate Mahesh Jethmalani, for Uttar Pradesh, said Kappan claimed to be a terrorist but was affiliated to the Popular Front of India (PFI). He admitted that no explosives were found on him and even the literature seized was found in their car.
CJI Lalit: According to you, has he (Kappan) done anything in furtherance of the literature?
Jethmalani: We have statements of co-accused.
CJI: Statements of co-accused you cannot use as evidence.
Jethmalani: We are trying to get an approver.
When Jethmalani that the government was trying to expedite trial, the Chief Justice said: “If you say your attempts to make somebody approver is on, it means the matter is not ripe for trial.”
CJI : At best you can say this man was travelling in a car, and he was apprehended with three others, there was some literature in the car, the other three are linked with PFI?
The Chief Justice added: “Every person has the right to free expression. He is trying to show that (Hathras) victim needs justice and raise a common voice. Is that a crime in eyes of law?”
Justice Bhat: Similar protests were in 2012 at India Gate, which led to a change of law. Till now you have not shown anything provocative.
Sibal: Some of the documents are not relating to India… this is not prosecution, but persecution.
CJI: Is there a document which shows that he must indulge in rioting?
Jethmalani: Yes, please see page… He is coming to Hathras with a toolkit…
Sibal: This is from “Black Lives Matter” protests.
CJI: So this appears to be somewhere from foreign country…
CJI: Jethmalani, we will grant him bail.
All of the accused, including Kappan, were charged under various sections of UAPA, the Indian Penal Code and the Information Technology Act.
The prosecution said Kappan could not explain the source of cash of Rs 45,000 recovered from him.
UNI
