[BREAKING] Siddique Kappan granted bail by Supreme Court

The Supreme Court on Friday granted bail to Kerala journalist Siddique Kappan in the case filed against him by the Uttar Pradesh (UP) Police under the Unlawful Activities Prevention Act (UAPA). (Sidhique Kappan vs The State of Uttar Pradesh).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 gangrape 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."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 turned down the same."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 weeks, and report to the Nizamuddin Police Station. 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.Senior Advocate Kapil Sibal and advocate Haris Beeran appeared for Kappan. .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.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 order 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.The Supreme Court had, on August 29, sought the response of the State of UP on Kappan's plea..The UP government in its affidavit said that Kappan has close links with extremist organisation Popular Front of India (PFI), which has an anti-national agenda and he was part of the larger conspiracy with the co-accused (including the financial launderer of CFI, Rauf Sharif) to foment religious discord and spread terror in the country."The investigation has revealed that the petitioner is part of the larger conspiracy with the co-accused (including the financial launderer of CFI, Rauf Sharif) to foment religious discord and spread terror in the country, especially in the wake of anti CAA protests and violence, the Babri Masjid decision of this Hon’ble Court and and the Hathras incident. The anti-national and terrorist PFI conspiracy and agenda dates back to 2010 (when PFI cadres (ex SIMI) had brutally maimed (hacked off the hands) of Christian Lecturer TJ Thomas of Newman College, and to 2013 when a PFI-backed weapons training terrorist camp was raided by the Kerala police at Narath, an investigation which was later taken over by the NIA," it was submitted..The affidavit filed by UP government said that Kappan was arrested when travelling with persons who were named accused in previous riot cases."It has come out in the investigation that the petitioner was actually part of the PFI/CFI delegation to meet the family of the Hathras victim and foment discord and spread terror. Investigation has revealed that the said delegation was sent to Hathras on the directions of co-accused Rauf Sharif (National General Secretary, CFI, prime fund raiser and financial transaction handler for PFI/CFI), who had also provided finances for the trip," the affidavit said.Kappan's assertion that he was going to Hathras as a “journalist” is clearly a mere cover up, the State government contended.In this regard, the affidavit also highlighted the statement of Editor of Azhimukham, the news portal where Kappan was working."Even the statement of the Editor of Azhimukhum, annexed to the Petition, nowhere states that the said publication had deputed the Petitioner to cover the Hathras incident, it merely states that the petitioner had at 12.10 am on 5.10.2022, sent the office a WhatsApp message that he is going to Hathras," the affidavit said.It further stated that Kappan was earlier working with Thejas newspaper which was the mouthpiece of PFI before it shut down in 2018."The publication was compelled to shut down in India in 2018 amidst reports (including by a Kerala High Court-appointed independent committee) that the paper’s coverage was aimed at creating religious discord," it was submitted.He still continued to have a close relationship with the Editor-in-Chief of Thejas as was evident from WhatsApp chats, the State said..[Read today's bail order by the Supreme Court]

[BREAKING] Siddique Kappan granted bail by Supreme Court

Debayan Roy

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