New Delhi, Sep 9 : The Supreme Court on Friday granted bail to Kerala journalist Sidhique Kappan, who along with others were detained on the 5th of October on the 5th of October, 2020, by the Uttar Pradesh Police under the Unlawful Activities Prevention Act (UAPA).Kappan along with others were heading to Hathras after being raped and the murder of the victim, a Dalit girl.
The supreme court ordered Kappan to stay in Delhi for six weeks, and then he can move to Kerala.
The Chief Justice U.U.Lalit said that everyone has the right to the freedom of expression.The bench stated, “Every person has a right to freedom of expression.he attempts to demonstrate that the victim is entitled to justice.
Would this be considered a crime in the of the eyes of the law?” Senior Advocate Mahesh Jethmalani, representing the UP government, claimed that on the 5th of October, they taken the decision to visit Hathras to provoke violence.
The bench also noted that there protests were held at India Gate in 2011 also for Nirbhaya.The bench, which also includes justices S.Ravindra Bhat and P.S.Narasimha and P.S.Narasimha, said “Sometimes protests are required to effect a change.There was an amendment in laws.These are demonstrations .”.
The government of the state, in an official response to the petition, stated: “The investigation has revealed that the petitioner (Kappan) is part of the larger conspiracy with the co-accused (including the financial launderer of CFI, Rauf Sharif) to create religious discord and create the fear of terror in the nation, in particular in the aftermath of the anti CAA violent protests and the Babri Masjid decision of this Honourable Court, as well as the Hathras incident.”
It further claimed that documents found on Kappan’s laptop as well as from his rented home in Delhi proves that the PFI’s current PFI leadership was primarily comprised of former SIMI (Students Islamic Movement of India, which was banned as a terrorist group) members.
The Lucknow bench of the Allahabad High Court had rejected Kappan’s request for bail.
He appealed to the top court to contest the high court’s decision.The highest court will hear the case on the 9th of September.
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