New Delhi: The Supreme Court on Friday granted bail to jailed journalist Siddiqui Kappan, who was arrested while on his way to Hathras to report on the gang rape and murder of a 19-year-old Dalit girl on October 5, 2020.
The Uttar Pradesh Police booked the journalist under the stringent Unlawful Activities Prevention Act (UAPA) and other charges, claiming that Kappan hatched a conspiracy to incite communal riots in the area following the alleged crime.
A three-judge bench headed by Chief Justice UU Lalit granted bail to Kappan after it observed that the trial court had not framed charges in the case even though the police chargesheet was filed in April last year.
“Every person has the right to freedom of expression. He is trying to show that the victims need justice and they should raise a common voice. Will it be an offense in the eyes of law,” the bench asked senior advocate Mahesh Jethmalani, representing Uttar Pradesh.
Opposing Kappan’s bail, Jethmalani argued that he was affiliated with the “terrorist organization PFI”, which had given him the task of spreading propaganda around the alleged crime so that it could lead to conflict between the two communities, which led to riots. may end in
However, the court did not take into account the merits of the allegations and said that the matter did not take into account whether the charges were required to be framed or not.
The court order said, “At this stage, we refrain from commenting on the progress of the investigation and the material collected by the prosecution in support of its case as the matter is yet to be taken up for framing of charges.” “
Taking into account the period of custody by the appellant and other facts and circumstances of the case, the court directed the Mathura jail authorities to produce Kappan before the concerned lower court within three days. The judges said he should be released on bail subject to conditions that ensure his presence and participation in the case.
Kappan is the second accused to be relieved in the case. Earlier, the Allahabad High Court had granted bail to co-accused Mohammad Alam, who was the driver of the car in which Kappan was traveling at the time of his arrest.
The top court has also ordered Kappan to remain in Delhi and under the jurisdiction of Nizamuddin police station, where he resides. The top court said that he will not leave the city where the case against him is pending without the permission of the trial court.
The court said that he would report to the police station concerned every Monday and his presence would be recorded in a register. This condition, as specified by the court, must be in force for six weeks from the date of Kappan’s release.
The court said that after that, he would be allowed to go back to his native Kerala, where he would report to the local police station every Monday to record his appearance in the same manner.
Kappan was also directed to ensure that he attends trial court proceedings through his counsel or personally on every single date. The court ordered that he would surrender his passport if this was not done by now.
One of the conditions of the bail prohibited Kappan from coming into contact with anyone linked to the dispute.
Since Kappan is also facing a Prevention of Money Laundering (PMLA) case, the court said the bail conditions can be relaxed when it is required to apply for bail in this particular case.
Read also: UP govt opposes Siddiqui Kappan’s bail plea, tells SC he has ‘deep links’ with terror outfits