SC grants bail to Kerala journalist Siddique Kappan, CPI(M), KUWJ welcome decision of court

A bench comprising Chief Justice Uday Umesh Lalit directed Kappan to remain in Delhi for the next six weeks. The bench imposed certain conditions on him, including asking him to surrender his passport and report to the police station every Monday. Granting Kappan bail, the bench of CJI and Justices S Ravindra Bhat and PS Narasimha, said every person has the right to freedom of speech and expression.

New Delhi: The Supreme Court on Friday granted bail to Kerala-based journalist Siddique Kappan, who was arrested in October 2020 while he was proceeding towards Hathras in Uttar Pradesh where a Dalit woman had died after allegedly being gang-raped. The Uttar Pradesh government had opposed the bail plea filed by Siddique Kappan in the Supreme Court. It may be recalled that Kappan was booked by the Uttar Pradesh government under the Unlawful Activities Prevention Act (UAPA) alleging that he has close links with the extremist organisation Popular Front of India (PFI).

A bench comprising Chief Justice Uday Umesh Lalit directed Kappan to remain in Delhi for the next six weeks. The bench imposed certain conditions on him, including asking him to surrender his passport and report to the police station every Monday. Granting Kappan bail, the bench of CJI and Justices S Ravindra Bhat and PS Narasimha said every person has the right to freedom of speech and expression.

Opposing the bail plea, senior advocate Mahesh Jethmalani, who appeared in the court on behalf of the Uttar Pradesh government, said Kappan was part of a conspiracy by the Popular Front of India (PFI) to incite riots. Jethmalani said PFI made a bid to use the Hathras incident as a tool to foment unrest. However, the bench turned down the same. When Jethmalani maintained that Kappan had gone to Hathras to incite riots, CJI Lalit specifically asked which of the material relied upon by the prosecution proved the same. "Please show the document, which proves that he was involved in the riots," CJI Lalit said.

"See every person has the right to expression. He is only saying that there is something wrong so just let's raise a voice. Will that be a crime in law?," said CJI.
"There are protests....sometimes these are necessary to highlight...till now you have not shown anything," said Justice Ravindra Bhatt.

Kappan was directed to stay in Delhi for six weeks and report to the police station in Jangpura. After six weeks, he will be at liberty to go back to Kerala and similarly mark his attendance at a local police station every Monday, the court directed. Kappan was also granted liberty to apply for bail in the proceedings initiated against him under the Prevention of Money Laundering Act of 2002.

The bail conditions set by the court will stand relaxed to the extent Kappan is required to avail the relief of bail in the PMLA case, the Court added. Senior advocates Kapil Sibal and Haris Beeran appeared for Kappan. Kappan, who has been booked by the Uttar Pradesh government under the Unlawful Activities (Prevention) Act (UAPA), moved the top court challenging the order of the Allahabad High Court, which rejected his bail on August 2.

"I thank everyone who supported us, Reaiheanath, wife of jailed Kerala journalist Siddique Kappan, said on Friday after hearing the news that the Supreme Court has granted bail to him in a case. Kappan was arrested in October 2020 while on his way to Hathras in Uttar Pradesh where a Dalit woman died after allegedly being gang-raped.

Welcoming the apex court decision to grant Kappan bail after almost two years, CPI(M) general secretary Sitaram Yechury said the order reaffirms that everybody has a right to free expression. Kappan's lawyer Haris Beeran told reporters in New Delhi that he would approach the trial court seeking bail in a case registered against the journalist by the Enforcement Directorate (ED).

"Very happy to hear the news. For the past two years, we have been physically, mentally and economically affected. But, now, the Supreme Court has given bail understanding the facts and circumstances. He is a mediaperson and not someone they accuse him of being. I strongly believe that. I stand by that and now it has been proved. I just want to thank everyone who supported us," Reaiheanath told the reporters.

Kappan, the secretary of Delhi unit of Kerala Union of Working Journalists (KUWJ) and three other alleged Popular Front of India (PFI) activists were booked by the Uttar Pradesh police on sedition and other charges in Mathura on October 5, 2020 while they were heading for Hathras where the 19-year-old Dalit woman was allegedly gang-raped and murdered.

"We welcome the decision of the Supreme Court on granting bail to Kappan after a very long detention. The Supreme Court also reaffirms that everybody has a right for free expression which is a good thing in the present circumstances. I hope in future, the judgements will be decided on the basis of such commitments to free speech," Yechury said. (With agency inputs)