SC grants bail to Kerala journalist Sidhique Kappan [Read Order]

NEW DELHI: The Supreme Court on Friday allowed bail to Kerala journalist Sidhique Kappan, arrested along with others on October 5, 2020 by the Uttar Pradesh police under the Unlawful Activities Prevention Act (UAPA) for allegedly making an attempt to foment riots and communal tensions after gang rape and death of a Dalit girl in Hathras.

A bench of Chief Justice U U Lalit and Justices S Ravindra Bhat and P S Narasimha noted that the petitioner has been in jail for about two years and framing of charges would take further time.

The court also pointed out the alleged 'toolkit', pamphlet in English recovered from his vehicle at the time of arrest, propagated only call for justice for the 19-year-old victim.

In its order, the court directed for production of Kappan before the trial court within three days for his release. It also ordered the petitioner to remain in Delhi for six weeks. Thereafter, he can move to Kerala, it said.

Senior advocate Mahesh Jethmalani opposed the bail plea on behalf of the Uttar Pradesh government, saying he was out to create trouble at the behest of Popular Front of India.

The bench, however, asked him if any explosive was recovered from him and what other materials were found from his possession at the time of his arrest.

Jethmalani cited "toolkit" containing the protocal for protests etc allegedly prepared by PFI.

The bench, however, said, every person has a right to freedom of expression and he is trying to show that the victim needs justice.

"Will this be a crime in the eyes of law, the court wondered.

It also cited large scale protests seen in Delhi in 2012 after gang rape case and death of girl, following which criminal law amendments were passed.

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

Kappan filed the special leave petition against the Allahabad High Court's order of August 2, which rejected his bail.

Senior advocate Kapil Sibal, appeared for him.

In a written reply, the UP government had earlier said Kappan had "close links" and "deep nexus" with extremist organisation, PFI. It also claimed he has been unable to explain source of the cash deposits of Rs 45000 made in his account in September October 2020, allegedly by PFI members in furtherance of conspiracy to carry out terrorist acts.

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