Mathura court drops charges for bailable offences against Siddique Kappan citing police failure to submit enquiry report on time

A Mathura Court on Wednesday dropped the bailable charges registered against Kerala journalist, Siddhique Kappan and others co-accused, in the case filed by the Uttar Pradesh Police while Kappan was stated to have been en route to cover the Hathras gang rape case last year.

. However, Kappan and the others co-accused will remain in jail on account of other non-bailable offences charged against them. Among other offences, Kappan had also been charged for the offence of sedition and for offences under the Unlawful Activities (Prevention) Act (UAPA).

. The court cited the failure of the police to submit its enquiry report within six months to drop the following bailable offences under the Indian Penal Code, i.e.:

Section 151 (offence of knowingly joining or continuing in assembly of five or more persons, likely to cause a disturbance of the public peace, after it has been commanded to disperse);

Section 107 (abetment of an offence);

Section 116 (abetment of an offence punishable with imprisonment).

. The accused had earlier made applications and sent letters raising grievance that they have been under detention since October 10, 2020. It was pointed out that the police are yet to complete the investigation and file the report, despite the accused having been detained in jail for over six months.

. In view of the same, the court dropped the bailable offences against Kappan and the others co-accused, while observing:

. " As per the proviso, under Section 116(8), IPC, when the accused is under custody, the action against them shouldn't be continued... Otherwise also, the the accused are detained in other matters and the accused are not general residents of the official area under this police station. Hence, it seems reasonable to conclude the matter at the end."

. Recently, Kappan approached a Mathura court for bail , contending that there was no evidence to back up the case 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," his plea said.

.[BREAKING] Kerala journalist Siddique Kappan moves Mathura court for bail; claims allegations in FIR are "fabricated, manipulated" . 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.

."Fundamental right to life unconditionally embraces even an undertrial:" Why Supreme Court ordered shifting Siddique Kappan to Delhi hospital. He was admitted to AIIMS pursuant to that order and was later taken back to jail in Uttar Pradesh.

Mathura court drops charges for bailable offences against Siddique Kappan citing police failure to submit enquiry report on time

Areeb Uddin Ahmed

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