Journalist Siddique Kappan Gets Bail: After 23 Months in Jail.

Patna (CNA Media/Insaf Times) Shy of a month of two years, Kerala journalist Siddique Kappan was granted bail by the Supreme Court. He was arrested in October 2020 while on his way to report from Hathras, Uttar Pradesh, where a Dalit teenager was gang-raped by ‘upper’ caste Thakur men, who died later.Chief Justice of India, U.U. Lalit asked several questions which struck at Uttar Pradesh’s government’s claims of a ‘conspiracy’ by the journalist. CJI said in court on Friday, September 9, that the “Supreme Court will grant Kappan bail. Every person has the right to free expression. He is trying to show that victim needs justice and raise a common voice. Is that a crime in eyes of law?”The bench also consisted of Justice S. Ravindra Bhat, who said that Kappan will be taken to the trial court within 3 days and shall be released on bail, on conditions. These include the stipulation that he has to stay within the jurisdiction of Jangpura in New Delhi for the first six weeks.Kappan will also be required to record his presence at the local police station every Monday for those 6 weeks, after which he can go to Kerala, where again he will be required to report to the local police station every Monday.Kappan is originally from Kerala. At the time of his arrest, his workplace was Delhi. His passport will have to be deposited with the “investigative machinery,” the court dictated. “The appellant shall not misuse the liberty and shall not get in touch with any of the person connected with the controversy,” the court pointed out.The Uttar Pradesh Police had booked him under stringent laws, alleging that he was part of a conspiracy to ignite violence. Kappan was booked under Sections 124A (sedition), 153A (for promoting enmity between groups) and 295A (outraging religious feelings) of the Indian Penal Code, Sections 14 and 17 of Unlawful Activities (Prevention) Act, Sections 65, 72 and 76 of the Information Technology Act.In response to the Supreme Court’s latest notice that opposed his bail citing that he has “deep links” with the Popular Front of India, which is not a banned organization. These claims were reiterated by senior advocate Mahesh Jethmalani, who represented Uttar Pradesh in court. “On October 5, they had decided to go to Hathras to incite riots. He was funded with Rs 45,000 to create riots,” he said. The Lucknow bench of the Allahabad high court rejected Kappan’s bail earlier stating the journalist had “no work” in Hathras. Kappan had challenged this order at the Supreme Court.The CJI ascertained that “statements of co-accused” cannot be used as evidence when brought up the UP advocate. The CJI also countered claims by Uttar Pradesh that the case was fit for trial soon by noting that if it was in the process of finding an approver over the above fact, then the case wasn’t going into trial. “At best you can say this man was travelling in a car, and he was apprehended with three others, there was some literature in the car, the other three are linked with PFI?” CJI Lalit then said.The CJI further questioned the police’s claim on literature found with Kappan having been dangerous.Kappan’s time in jail was full of what his family and the Kerala Union of Working Journalists have repeatedly said were severe human rights impingements. In December 2020, it said Kappan had been “beaten thrice and subjected to mental torture during custody”.His imprisonment has brought the country global condemnation and is often noted as a marker of India’s declining press freedom.The Kerala Union of Working Journalists, in a statement released after the bail order, noted that it will continue the legal fight till Kappan is “relieved of all false charges imposed on him”. “The order is historic in the context of the continuing attacks against the freedom of press and independent journalism,” the KUWJ also stated.

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