Kerala journalist Siddique Kappan, incarcerated in UP for 2 years, gets bail

The Supreme Court on Friday granted bail to Kerala journalist Siddique Kappan, who along with others was arrested on October 5, 2020, by the Uttar Pradesh Police under the Unlawful Activities Prevention Act (UAPA). They were on their way to cover the Hathras gang rape and murder. The court gave him bail on the condition that he would remain in the national capital for six weeks and later can shift to Kerala. The Chief Justice UU Lalit-led bench said every individual has the right to freedom of expression and that he Kappan was trying to secure justice for the victim. 

"Every person has a right to free expression...he is trying to show that the victim needs justice... Will this be a crime in the eyes of law?"

The Uttar Pradesh government had submitted in the court that the people arrested under UAPA wanted to incite riots. 

The bench, comprising Justice S Ravindra Bhat and PS Narasimha along with the Chief Justice, citing the Nirbhaya gangrape protests in 2011, said agitations bring about changes. 

"You know after that there was a change in laws," they added, referring to the 2013 amendments to the anti-rape laws. 

The government, in a written response, said Kappan had been a part of a conspiracy to foment religious discord and spread terror, adding they wanted to take advantage of the anti-CAA protests to do that. 

The government claimed they had found documents from Kappan's laptop allegedly proving the current Popular Front of India leadership comprised members of the banned SIMI group. 

Kappan approached the Supreme Court after the Allahabad High Court rejected his bail plea. 

With inputs from ANI