New Delhi: The Supreme Court on Friday granted bail to jailed journalist Siddique Kappan, who was arrested on 5 October, 2020 while on his way to Hathras to report on the gangrape and murder of a 19-year-old Dalit girl.
The Uttar Pradesh Police booked the scribe under the stringent Unlawful Activities Prevention Act (UAPA) and other charges, claiming Kappan conspired to incite communal riots in the area in the aftermath of the alleged crime.
A three-judge bench, led by Chief Justice U.U. Lalit granted bail to Kappan, after it was noticed that the trial court had not framed charges in the case, even though the police’s chargesheet was filed in April last year.
“Every person has a right to free expression. He is trying to show that victims need justice and (should) raise a common voice. Will this be a crime in the eyes of law,” the bench asked senior advocate Mahesh Jethmalani, who represented Uttar Pradesh.
Opposing bail to Kappan, Jethmalani argued that he was affiliated to “terrorist organisation PFI”, which had given him the task to drum up propaganda around the alleged crime so that it could lead to a conflict between two communities, ending in riots.
However, the court did not go into the merits of the allegations and noted the matter had not taken into consideration whether charges needed to be framed or not.
“At this stage, we refrain from dealing with and commenting upon the progress of investigation and material gathered by the prosecution in support of its case as the matter is still to be taken up for framing of charge,” the court order stated.
Considering the length of the custody undergone by the appellant and other facts and circumstances of the case, the court directed the Mathura jail authorities to produce Kappan before the concerned trial court within three days. The justices said he should be released on bail subject to conditions that ensured his presence and participation in the case.
Kappan is the second accused to get relief in the case. Earlier, the Allahabad High Court gave bail to co-accused Mohammad Alam, who was the driver of the car in which Kappan was travelling at the time of his arrest.
The apex court has also ordered Kappan to be in Delhi and within the jurisdiction of the Nizamuddin police station, the area where he stays. He will not leave the city without the permission of the trial court where the case against him was pending, the top court said.
He shall report to the concerned police station every Monday and his presence would be marked in a register, the court added. This condition, the court specified, should be applicable for six weeks from the date of Kappan’s release.
After that, he would be allowed to go back to native Kerala where he shall, in a similar fashion, report to the local police station every Monday to mark his presence, the court said.
Kappan was further directed to ensure that he, through his advocate or in person, attended proceedings before the trial court on every single date. He shall deposit his passport if not done so far, the court ordered.
One of the conditions for bail imposed a prohibition on Kappan from getting in touch with any person associated with the controversy in question.
Since Kappan is also facing a Prevention of Money Laundering (PMLA) case, the court said the bail conditions may be relaxed when he is required to initiate an application for bail in this particular matter.
Also read: UP govt opposes Siddique Kappan’s bail plea, tells SC he has ‘deep links’ with terror outfits
Source: The Print
