The release of journalist Siddique Kappan from Lucknow Central Jail may be seen as a victory of the rule of law and justice, but his incarceration for over two years on the most dubious charges will draw greater attention as an example of arrogant and arbitrary exercise of power by the State. He may now be considered as one more symbol, one more victim of prejudiced and vindictive action, just as the octogenarian Stan Swamy, who died waiting for bail, and many others who were selectively targeted by the State, have been. Kappan was arrested over two years ago when he was on his way to Hathras in UP to report on the rape and murder of a Dalit woman. He and three others were accused of having links with the now-banned Popular Front of India (PFI) and for hatching a conspiracy to instigate violence.
He was booked under various sections of the Indian Penal Code (IPC), the Unlawful Activities (Prevention) Act (UAPA), and the Information Technology (IT) Act. He was later booked by the Enforcement Directorate for money laundering under the Prevention of Money Laundering Act (PMLA). Jail has been the norm for him and bail the exception, which became apparent after every release order by a court. The State came up with fresh cases and fresh charges which would keep him confined to jail. The Supreme Court granted bail in the UAPA case but the ED case under the PMLA remained. With the Allahabad High Court granting bail in that case, it may finally be freedom for him. But considering the history of State action against him, he will be able to consider himself free, even if that be only on bail, only after he is finally released from jail.
The Allahabad High Court, providing relief to him, noted that the ED investigation lacked ascribing any specific role for him in the case relating to illicit transaction of money allegedly collected by the PFI. The judge also said that the ED’s entire case was premised on a transfer of Rs 5,000 to the bank account of a co-accused. The co-accused, Atikur Rahman, was travelling with Kappan to Hathras. The court said that even if it is believed that a part of proceeds of some unknown crime was transferred into the bank account of Atikur Rahman, that itself is insufficient to prove that Kappan had any links with the crime. Even if Kappan finally tastes freedom, the question will remain why two years of his life were wasted and why he was so persistently hounded through police stations, jails and courts. The answer is clear, but it does not bring credit to the country.