The Supreme Court on Friday granted bail to Kerala-based journalist Siddique Kappan, arrested in October 2020 while on his way to Hathras in Uttar Pradesh where a Dalit woman had died after allegedly being gang-raped.
A bench headed by Chief Justice Uday Umesh Lalit directed Kappan to remain in Delhi for the next six weeks after the release from an Uttar Pradesh prison.
The bench imposed certain conditions on him including asking him to surrender his passport and report to the police station on every Monday.
Kappan, a reporter for Malayalam news portal Azhimukham and secretary of the Delhi unit of Kerala Union of Working Journalists (KUWJ), 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.
A bench of Chief Justice of India UU Lalit and Justices S Ravindra Bhat and PS Narasimha said today that every person has right to freedom of speech and expression and the material produced by the prosecution attributed to Kappan as toolkit, seemed to be in a foreign language.
“Every person has a right to free expression. He is trying to show that (Hathras) victim needs justice and raise a common voice. Will this be a crime in eyes of law,” the bench asked.
Senior Advocate Mahesh Jethmalani, appearing for the State of UP, said that there was a propaganda surrounding the Hathras incident and Kappan was part of conspiracy by PFI to incite riots.
“Kappan was in meeting of Popular Front of India (PFI) in Sep 2020. It was said in the meeting that funding had stopped. It was decided in the meeting that they will go to sensitive areas and incite riots. Even co accused had given statement. One of the members of high ranking PFI official and he revealed the conspiracy,” Jethmalani said.
“But statement of co-accused cannot go against him,” CJI Lalit said.
Jethmalani said that the Hathras incident was attempted to be used as a tool to foment unrest.
Senior Advocate Kapil Sibal and Haris Beeran appeared for Kappan.
“They were on their way to Hathras to create unrest. they were going to distribute this literature among the Dalit population.The whole propaganda was justice for Hathras victim.. then the agenda was resign prime minister and then sent emails directions… this was a directive..,” Jethmalani said.
However, the bench rejected government angle.
“There were protests at India Gate in 2011 also for Nirbhaya. Sometimes protests are needed to bring a change. You know after that there was change in laws. These are protests Mr Jethmalani,” Justice Bhat remarked.
Jethmalani maintained that Kappan had gone to Hathras to incite riots but CJI Lalit specifically asked which of the material relied upon by the prosecution proved the same.
“Please show the document to show that he was involved in the riots,” CJI Lalit said.
“They were instructions on what to wear, what not to wear and how essential supplies will be stored and know where to take shelter in place where you are riots,” Jethmalani said.
“Which language was it to be distributed in? This appears to be taken from a foreign country,” the CJI remarked.
The Court then proceeded to grant him bail. Kappan was directed to stay in Delhi for six week and report to the police station on 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 or his lawyer shall attend trial court hearing every single day. Kappan shall surrender passport before release,” the order said.
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.
The Supreme Court on Friday granted bail to Kerala-based journalist Siddique Kappan, arrested in October 2020 while on his way to Hathras in Uttar Pradesh where a Dalit woman had died after allegedly being gang-raped.
A bench headed by Chief Justice Uday Umesh Lalit directed Kappan to remain in Delhi for the next six weeks after the release from an Uttar Pradesh prison.
The bench imposed certain conditions on him including asking him to surrender his passport and report to the police station on every Monday.
Kappan, a reporter for Malayalam news portal Azhimukham and secretary of the Delhi unit of Kerala Union of Working Journalists (KUWJ), 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.
A bench of Chief Justice of India UU Lalit and Justices S Ravindra Bhat and PS Narasimha said today that every person has right to freedom of speech and expression and the material produced by the prosecution attributed to Kappan as toolkit, seemed to be in a foreign language.
“Every person has a right to free expression. He is trying to show that (Hathras) victim needs justice and raise a common voice. Will this be a crime in eyes of law,” the bench asked.
Senior Advocate Mahesh Jethmalani, appearing for the State of UP, said that there was a propaganda surrounding the Hathras incident and Kappan was part of conspiracy by PFI to incite riots.
“Kappan was in meeting of Popular Front of India (PFI) in Sep 2020. It was said in the meeting that funding had stopped. It was decided in the meeting that they will go to sensitive areas and incite riots. Even co accused had given statement. One of the members of high ranking PFI official and he revealed the conspiracy,” Jethmalani said.
“But statement of co-accused cannot go against him,” CJI Lalit said.
Jethmalani said that the Hathras incident was attempted to be used as a tool to foment unrest.
Senior Advocate Kapil Sibal and Haris Beeran appeared for Kappan.
“They were on their way to Hathras to create unrest. they were going to distribute this literature among the Dalit population.The whole propaganda was justice for Hathras victim.. then the agenda was resign prime minister and then sent emails directions… this was a directive..,” Jethmalani said.
However, the bench rejected government angle.
“There were protests at India Gate in 2011 also for Nirbhaya. Sometimes protests are needed to bring a change. You know after that there was change in laws. These are protests Mr Jethmalani,” Justice Bhat remarked.
Jethmalani maintained that Kappan had gone to Hathras to incite riots but CJI Lalit specifically asked which of the material relied upon by the prosecution proved the same.
“Please show the document to show that he was involved in the riots,” CJI Lalit said.
“They were instructions on what to wear, what not to wear and how essential supplies will be stored and know where to take shelter in place where you are riots,” Jethmalani said.
“Which language was it to be distributed in? This appears to be taken from a foreign country,” the CJI remarked.
The Court then proceeded to grant him bail. Kappan was directed to stay in Delhi for six week and report to the police station on 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 or his lawyer shall attend trial court hearing every single day. Kappan shall surrender passport before release,” the order said.
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.
