New Delhi, Sep 9 : The Supreme Court on Friday granted bail to Kerala journalist Siddique Kappan, jailed in Uttar Pradesh for nearly two years, and said “every person has the right to freedom of expression”.Kappan together with others were detained on the 5th of October in 2020 by Uttar Pradesh Police under the Unlawful Activities Prevention Act (UAPA) while on their journey to Hathras to investigate a 19-year-old’s murder and gang-rape.
A bench comprised of Chief Justice U.U.Lalit The bench noted the fact that Kappan was in custody for two years.
Senior Advocate Mahesh Jethmalani, representing the Uttar Pradesh government, submitted that an ID card was discovered on him, which was allegedly afsociating Kappan with PFI as well as certain publications, which were believed to be provocative and possibly dangerous.
He called it an instrument for riots and stated that the primary reason of visiting the site was to inspire violence.
The bench questioned whether the writing was provocative and whether the accused made any attempt to make use of the literature.
Senior lawyer Kapil Sibal, who represents Kappan, stated that there were pamphlets entitled “Justice for Hathra’s Girl”.He said that following his suspicions in the case the legal proceedings in the Prevention of Money Laundering Act 2002, were also launched against the appellant in relation of which the accused could be required to appear in the proceedings or request bail.
The judge told Jethmalani: “See, every person is entitled to freedom of expression, and so he will not spread the idea that there is a victim who needs justice.”
“Is this something that could be considered an offense in the eyes of law?”
The bench, comprised of Justices S.Ravindra Bhat and P.S.Narasimha said that protests were held in the vicinity of India Gate in 2011 and mentioned Nirbhaya’s case.
“Sometimes protests are necessary to effect a change.There was an alteration in law.”.
Jethmalani claimed Kappan was paid to incite riots , and she claimed that he does not even a certified journalist, and he was a member of the PFI.
Inquiring about the facts against Kappan and confirming that no explosives were discovered and that the material was not discovered with Kappan, but in the vehicle the bench asked: “What material was dangerous.Do you have any documentation that shows anything harmful”.
Sibal then requested the counsel of the state government to read the documents that was uncovered about his client.
The court granted bail to Kappan the bench stated that he is required to be reported to police in Delhi over the next six weeks, and in Kerala following that.Kappan will appear before the trial tribunal in three days, and will allow him to be released on bail subject to the conditions.
“The appellant is required to deposit his passport , if it is not already registered with the investigation machinery prior to his release.The appellant must not abuse his freedom in any way and he will not be in contact with any person(s) who are involved with the current controversy in the case,” it said.
The court, in its decision, stated: “We have been taken through some of the documents that were placed in the public the record.At this time, we are not dealing with or commenting on the progress of the investigation and documents that the prosecution has gathered in the support of its case since the case is yet to be decided at the time of formulating of the charges.”
The state government 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 incite religious conflict and propagate the fear of terror in the nation, particularly in the aftermath of the anti CAA violent protests as well as the Babri Masjid decision of this Honourable Court, as well as the Hathras incident.”
It further claimed that documents found in Kappan’s laptop as well as from his house he rented in Delhi proves that the PFI’s current PFI leadership was comprised mainly of former SIMI (Students Islamic Movement of India, which was classified as a terrorist organization) members.
The Lucknow bench of the Allahabad High Court had rejected Kappan’s bail application and he then filed a motion with the top court to contest the decision.
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