[Siddique Kappan bail plea] Supreme Court issues notice to State of UP; says will decide case on September 9

The Supreme Court on Monday sought the response of the Uttar Pradesh government on the bail plea filed by Kerala journalist Siddique Kappan in the case filed against him under the Unlawful Activities Prevention Act (UAPA) [Sidhique Kappan vs Uttar Pradesh]..A Bench of Chief Justice of India Uday Umesh Lalit and Justice S Ravindra Bhat issued notice to the State government asking it to file its reply by September 5.Pertinently, the Court made it clear that it will decide the matter and dispose it of on September 9. "Issue notice. List on September 9, 2022 for hearing. UP Standing counsel accepts notice. Reply to be filed by September 5 and rejoinder in 3 days. Matter will be disposed off on September 9," the Court ordered..Kappan, who has been booked by the Uttar Pradesh government under the UAPA, moved the top court challenging the order of the Allahabad High Court which had rejected his bail on August 2..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.The prosecution's case is that Kappan and the co-accused were travelling to Hathras with an intention to disturb harmony in the area. It was stated that they were collecting funds to run a website full of misinformation and to incite violence.All of them were charged under Sections 17 and 18 of Unlawful Activities (Prevention) Act (UAPA), Section 124A (sedition), Section 153A (promoting enmity between different groups on ground of religion) and Section 295A (deliberate and malicious acts intended to outrage religious feelings) of Indian Penal Code and Sections 65, 72 and 75 of the Information Technology Act.A Mathura court had rejected Kappan's bail plea in July 2021 on the ground that there was prima facie case that Kappan and other co-accused were trying to disturb the law and other situation when they were heading to cover the Hathras gang rape incident in Uttar Pradesh.He then approached the High Court.Single-judge Justice Krishan Pahal, however, rejected the plea stating that a prima facie case was established by the prosecution that his travel with co-accused who did not belong to the media fraternity, as well as tainted money being used by him and his colleagues, were crucial circumstances going against him.This led to the appeal before the top court..In his plea, Kappan has contended that the High Court grossly overlooked the well established principles regarding the grant of bail, and without affording any cogent reasons, mechanically dismissed the bail application."The High Court, whilst passing the impugned order has egregiously failed to discharge its bounden duty of examining the entire material on record to decide whether or not a prima facie case has been made out," the plea said.The High Court failed to take note of the fact that the FIR / charge sheet does not make out a case for the invocation of Section 17 and Section 18 of the UAPA, it was submitted..Recently, one of the accused in the case, Mohammad Alam, who was the driver of the cab in which the accused were travelling, was granted bail by the High Court..[Read order].[Read our coverage of today's hearing].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.