“Every person has the right to free expression. He is trying to show that the victim needs justice and raise a common voice. Is that a crime in the eyes of the law?” asked Chief Justice of India (CJI) UU Lalit on Friday, September 9, while hearing the bail plea of Kerala journalist Siddique Kappan. Kappan had moved the apex court against an Allahabad High Court order denying his bail application, after he and others were arrested two years ago en route to Hathras in UP to report on the alleged gangrape and murder of a Dalit woman by dominant caste men. The Uttar Pradesh government, meanwhile, had filed a strong statement of objection before the apex court, opposing Siddique’s bail plea.
After perusing the statement of objection, a bench of Chief Justice UU Lalit, Justice Ravindra Bhat and Justice PS Narasimha made some strong observations regarding freedom of expression, freedom to protest and more. The bench further observed that the Uttar Pradesh government was not able to prove that there was anything provocative in the documents found in the car when Siddique was travelling to Hathras. “Every person has the right to free expression. He is trying to show that the victim needs justice and raise a common voice. Is that a crime in the eyes of the law?” CJI Lalit asked.
The Supreme Court also allowed him to move court for bail in the PMLA (Prevention of Money Laundering Act) case filed against him. “The appellant may be required to attend the proceedings or to apply for bail” in the case, the court said.
During the hearing, senior advocate Mahesh Jethmalani, appearing for the state of Uttar Pradesh, submitted that an investigation found that Siddique Kappan is affiliated to the Popular Front of India (PFI), and that he was paid Rs 45,000 to go to Hathras and “incite riots”. However, the CJI sought any document to show that Siddique was involved in the riots.
After two years of imprisonment, the Supreme Court on Friday, September 9, granted bail to Siddique. While the court had ordered Siddique to remain in Delhi for six weeks and appear before Nizamuddin Police Station and not to leave Delhi without permission, he has been allowed to relocate to his home in Kerala and report to the local police station there after six weeks. The court also ordered him to appear before the court for trial and submit his passport.
Kappan was arrested under the draconian Unlawful Activities (Prevention) Act, also known as UAPA, on October 1, 2020 while he and three others were on their way to Hathras to report on the alleged gangrape. The Uttar Pradesh Special Task Force had filed a 5,000 page chargesheet in the case, claiming that Siddique “only reported about Muslims” and that “reporting on riots is also communal”. Kappan was charged under Sections 124A (sedition), 153A (promoting enmity) and 295A (deliberate and malicious acts intended to outrage religious feelings) of the Indian Penal Code (IPC), in addition to provisions of the Unlawful Activities (Prevention) Act and the Information Technology Act.
Watch TNM’s interview with Siddique Kappan’s wife Raihanath: