The journalist would report to the police in Delhi for the next six weeks and in Kerala after that, according to Chief Justice of India UU Lalit.
The Supreme Court recently granted release to Siddique Kappan, who had been imprisoned in Uttar Pradesh for over two years, stating that “Every person has the right to free expression.”
Siddique Kappan was detained on his way to Hathras in Uttar Pradesh, where he said he was going to report on the gang-rape and murder of a 19-year-old. He was accused of supporting terrorism and prosecuted under the strict Unlawful Activities Prevention Act (UAPA).
The Chief Justice of India, UU Lalit, stated, “The guy (Kappan) has been in detention for two years.”
The journalist must report to the police in Delhi for the next six weeks and then in Kerala, according to the court. In three days, he will be brought before a trial court, where he must provide his passport.
The UP police detained Siddique Kappan, a reporter for the Malayalam news site Azhimukham, on suspicion of attempting to violate Hathras’ peace and order. The police said that he had connections to the Popular Front of India (PFI). The journalist has maintained this position his whole career.
The Uttar Pradesh administration contended in court today that Mr. Kappan is not even a certified journalist and was paid to provoke rioting.
He was attempting to incite a disturbance and utilise explosives. Mahesh Jethmalani, an attorney representing UP, said that the man belonged to the PFI, a terrorist group, and added that the man had written evidence against him.
The Supreme Court questioned Mr. Kappan’s testimony. No explosives were discovered with Kappan; no materials were discovered with him; they were discovered in the automobile, and they were not used for propagation, according to Chief Justice Lalit.
Kapil Sibal, the attorney for Mr. Kappan, requested that the prosecution peruse the materials.
The Chief Justice questioned, “What material was dangerous? Is there literature which indicates anything damaging?”
UP asserted that it was a “toolkit” a term frequently used to refer to a manual for inciting unrest or fear.
What you have demonstrated in terms of literature, according to the judges, doesn’t show anything. The 5,000-page charge sheet that the UP government submitted in 2021 is echoed in the arguments it has made before the Supreme Court.
UP had previously informed the court that Mr. Kappan was was a part of a bigger plot to “spread fear” and “incite religious strife.”
Due to claims that the state government and the police engaged in a cover-up, the Hathras case sparked widespread indignation and demonstrations.
A few days after being gang-raped, the young woman passed away. Later, without her family present, she was burned by the UP police in the middle of the night.
At a recent school event, a video of Mr. Kappan’s nine-year-old daughter discussing the “freedom and rights of common folks” went viral on social media.
Raihana Kappan, Mr. Kappan’s wife, stated, “I am confident that my husband is innocent, and the previous 705 days have been tremendously painful for the family.”
The Enforcement Directorate has also filed a money-laundering complaint against Mr. Kappan. The Supreme Court ruled that he might also get bail in that situation.
CJI questions, according to news sources
According to tweets from the hearing by LiveLaw, the CJI questioned the opposing counsel in court multiple times, mostly to follow up on the allegations made by the Uttar Pradesh police.
The CJI remarked that “utterances of a co-accused” cannot be used as evidence after determining if Kappan had “done anything in furtherance of the literature” and hearing from opposing counsel that the Uttar Pradesh government possesses such statements.
The CJI further refuted Uttar Pradesh’s assertions that the case was ready for trial soon by pointing out that if it was still trying to locate an approver for the aforementioned fact, the case wasn’t going to trial.
CJI Lalit said, “At most, you can conclude that this individual was travelling in a car when he was stopped together with three other people; there was some literature in the car; and the other three are connected to PFI.”
The CJI also disputed the police’s assertion that the books found with Kappan were harmful.
The Kerala Union of Working Journalists and Kappan’s family have consistently claimed that there were grave violations of Kappan’s human rights during his term in prison. It said Kappan had been “beaten three times and subjected to mental abuse during prison” in December 2020.
His lengthy detention has drawn criticism from all across the world and is frequently cited as a sign that press freedom in India is deteriorating.
In a statement following the bail order, the Kerala Union of Working Journalists stated that it will continue the legal battle until Kappan is “relieved of all false charges imposed on him.” The KUWJ also stated that the order was historic given the ongoing attacks on press freedom and independent journalism.
