Supreme Court grants bail to Kerala journalist Siddique Kappan

The Supreme Court on Friday granted bail to Kerala journalist Sidhique Kappan, who along with others were arrested on October 5, 2020, by the Uttar Pradesh police under the Unlawful Activities Prevention Act (UAPA), while they were on way to Hathras after gang rape and death of a 19-year-old Dalit girl.

A bench of Chief Justice U U Lalit and Justices S Ravindra Bhat and P S Narasimha told him to remain in Delhi for six weeks while allowing him to move to Kerala thereafter.

The court also noted he has been in jail for about two years and framing of charges would take time.

Taking up his plea for bail, the bench asked Uttar Pradesh counsel senior advocate Mahesh Jethmalani if any explosive was recovered from him. The court also sought to know if some other materials were found from his possession at the time of his arrest on Yamuna Expressway.

As Jethmalani sought to read some pamphlet prepared by Popular Front of India, recovered from his taxi, the bench said, every person has a right to freedom of expression. "He is trying to show that the victim needs justice. Will this be a crime in the eyes of law?” the bench asked him.

The court also referred to massive protests that broke out in 2012 after the gang-rape in Delhi that finally led to change in criminal law.

"Sometimes protests are needed to bring a change. You know after that there was a change in laws," the bench said.

Kappan challenged the Allahabad High Court's order of August 2, which rejected his bail.

Senior advocate Kapil Sibal, appearing for him, submitted before that he had been in jail for about two years.

Earlier, the UP government opposed his plea, saying he 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 court and and the Hathras incident.