Spent 23 months in jail, while granting bail, the Supreme Court taught the lesson of ‘Azadi’
Journalist Siddiq Kappan will be able to breathe open air after almost two years. Praying for ‘freedom of expression’, the SC on Friday granted Kappan’s bail. Kappan was arrested by the Uttar Pradesh Police while on his way to rape a Dalit girl in Hathras. Sections of the Unlawful Activities Prevention Act (UAPA) were imposed on him. The UP Police alleged that Kappan was trying to incite violence on the pretext of the incident. However, the police did not put up anything that was ‘inflammatory’ before the Supreme Court. A bench of CJI UU Lalit and Justices S Ravindra Bhatt and PS Narasimha Rao made important observations while granting bail to Kappan. Let us know who is Siddiq Kappan, what is the case against him and what the Supreme Court said while giving bail.
Siddique Kappan, who hails from Kerala, is a journalist by profession. In September 2020, a case of murder came to light after the gang rape of a Dalit girl in Hathras, UP. The incident was being discussed in the international media. Kappan and his companions were going to Hathras to cover the same matter. On 5 October 2020, his car was stopped at a toll plaza in Mathura. The UP police arrested the four people present in the car. Kappan’s arrest was strongly condemned by national and international journalists and human rights organizations. Kappan, who worked for a Malayalam portal, was then the secretary of the Delhi unit of the Kerala Union of Working Journalists (KUWJ).
What was the case against Siddiq Kappan in the Supreme Court?
▪️UP Police found some ‘pamphlets’ in Kappan’s car. Based on these, a case was registered against Kappan under sections 124A (sedition), 153A (spreading hatred) and 295A (intentional incitement) of the Indian Penal Code (IPC). Sections of UAPA and Information Technology Act were also imposed on Kappan.
▪️Before the Supreme Court, senior advocate Mahesh Jethmalani appeared on behalf of the UP government. He said while reading the document that it has instructions on how to protect oneself during riots, how to avoid tear gas shelling by the police….
▪️Jethmalani said the police recorded statements of some operatives of the Popular Front of India (PFI) who believed that Kappan was part of a group that had asked to incite violence in the state in the name of religion and caste. The UP government claimed in the Supreme Court that Kappan was also given Rs 45,000 and was using two I-cards.
Siddiq Kappan was in jail when his mother passed away
In February 2021, Kappan got a five-day bail from the Supreme Court to visit his ailing mother. The UP Police filed a chargesheet against Kappan in April 2021. In June last year, a Mathura court quashed the charges of breach of peace against the four accused. Kappan’s mother died in the same month. In April 2022, Kappan’s family again moved the Supreme Court. The family said that Kappan is being treated badly after being tested COVID-19 positive. The court had ordered Kappan to be admitted to Delhi AIIMS. After his recovery, Kappan was sent back to Mathura jail.
UP government empty handed against Kappan
Till now you (UP government) have not shown anything which was provocative.
Supreme Court
The arguments of the UP Police did not stand in the court
The Supreme Court heard the arguments of both the sides on Friday. The court said that so far nothing has been presented by the state which is provocative. After going through the ‘pamphlets’ mentioned by Jethmalani, the court said that it was taken from abroad and it talked about black people. Senior advocate Kapil Sibal, appearing for Kappan, said that his client is being harassed. He said the ‘toolkit’ in the pamphlet was related to ‘Black Lives Matter’ and not the Hathras case.
The court said that the pamphlet also talks about justice for the Hathras gangrape victim and fighting for her cannot be a crime. The court asked, “Everyone has the right to expression and he is promoting an idea that there is a victim who needs justice and that’s why we all should raise our voice together.” Is this a crime in the eyes of the law?’
‘Is it a crime to talk about justice to the victim?’
He (Kappan) is trying to push an idea that a victim needs justice… is it a crime in the eyes of law?
Supreme Court
Siddiq Kappan will be in Delhi for six weeks now
After hearing both the sides, the Supreme Court granted relief to Kappan. However, the court made it clear that it was not commenting on the merits of the case. The SC ordered Kappan to be taken to the trial court within three days and released as per the conditions therein. The condition of bail is that Kappan will remain in Delhi’s Nizamuddin area for the next six weeks. After that he can go to Kerala. Kappan will also have to submit his passport to the court.
Will the law change? SC has indicated
Similar demonstrations took place in 2012 (Nirbhaya case)… at India Gate. After that the law changed. Sometimes such performances are necessary to indicate that something is missing.
Supreme Court
Siddiq Kappan’s wife kept fighting on every front
Kappan was behind bars for almost two years. For his release, wife Raihanath knocked on every door. Organized many protests. After the husband got bail from the Supreme Court, Raihanath said, ‘The court has found that Kappan is innocent and hence the bail was granted. It’s been two years and it was very tough for us and we faced it with deep feelings and pains.’
