Kerala journalist Siddique Kappan, who is under detention in Uttar Pradesh for offences under the Unlawful Activities (Prevention) Act (UAPA) and sedition, has approached a Mathura court for bail. .Kappan contended that the cases were registered against despite there being no evidence against him."The facts stated in the FIR are fabricated, concocted and manipulated. The foundation of this FIR is 'media reports' as evident from the contents of the FIR itself," the plea said. .Other highlights of the contentions made by Siddique Kappan in his bail application include:.He was illegally arrested while en route to Hathras, Uttar Pradesh to report on a crime (Hathras rape case) in the discharge of his duty as a journalist in October 2020. He has been under detention for over seven months. The chargesheet was filed on April 2, 2021.Such detention, despite having journalistic card/ credentials, in a way amounts to the violation of fundamental rights of the people to know and of the media to freedom of speech and expression. There was nothing reasonably suspicious to warrant his arrest. He was also beaten on the date of his arrest on October 5, 2020. Even if there were any reasonable apprehensions on the date of arrest, the alleged offences are preventive in nature and bail is a matter of right. Neither the family nor his lawyers were informed about his arrest, violating the legal requirements and the directions of the Supreme Court in DK Basu’s case. The Sub-Divisional Magistrate who directed his remand on October 6 and October 10, 2020 did not have the power to order such remand under Section 167 of the Code of Criminal Procedure. The remand itself is illegal.Even if the contents of the FIR and chargesheet are taken to be true at face value, the ingredients of the alleged offence are not made out against Kappan. Legally, there is nothing in the FIR to connect Kappan with the alleged crime. The specific allegation is that Kappan received Rs 25,000 on September 15, 2020 and Rs 20,000 on October 4, 2020. However, in pleadings and arguments before courts, the State was always trying to dramatically connect Kappan with transactions amounting to crores of rupees. Kappan has argued the he used to get around Rs 25,000 every month for his profession. Arresting him, despite possessing a press identity card amounts to preventing the media from doing its duty independently and impartially. It amounts to “keeping the media under detention”, despite it being the “breath of democracy.” He is a diabetic and also suffers other medical ailments. He was chained to a cot at KM Medical college while undergoing treatment “like an animal with a plastic bottle for toilet purpose for five days” between April 21-30, 2021. This was serious human rights violation. In March 2021, Kappan volunteered to waive his fundamental rights in writing and agreed to undergo narco analysis or polygraph or like tests at the CBI headquarters in Delhi or Chandigarh as he feared threat to his life at Lucknow. This, however, resulted in the prosecution withdrawing the application for the conduct of such tests, it was argued. He has good antecedents, was never accused of any offence earlier and does not have any criminal cases pending against him. He is a permanent resident of Malappuram, Kerala. He has a wife and three school going children. As such, there is no chance of Kappan absconding. He has also undertaken to be present before the Court or the police whenever required. Other undertakings made by Kappan in his bail plea include that he will not interfere or influence any witnesses to the case or tamper with any evidence. Further, it was submitted that Kappan will not leave India without previous permission from the Court. It was also submitted that Kappan’s mother is aged 90 years, is bed-ridden and sick. His presence with his mother is essential, it was urged. In COVID times, and given that the applicant had contracted COVID-19 twice, in the absence of a prima facie case and “no probability of conviction”, no one would benefit in keeping Kappan in jail. It would lead to irreparable loss for Kappan, it was added..The plea was filed through advocate Wills Mathews..Kappan, a reporter for Malayalam news portal Azhimukham and secretary of the Kerala Union of Working Journalist's Delhi unit, was arrested along with three others in Uttar Pradesh in October while on his way to Hathras to report on the gang-rape and murder of a 19-year-old Dalit girl..They were later booked under provisions of the Unlawful Activities (Prevention) Act (UAPA) and also slapped with charges of sedition..On April 28, the Supreme Court had ordered the Uttar Pradesh government to shift Kappan to a Delhi hospital for better medical treatment until his medical condition improves. He was admitted to AIIMS pursuant to that order and was later taken back to UP jail.
