New Delhi: After the Supreme Court granted bail to Kerala-based journalist Siddique Kappan, who was arrested in October 2020 under the Unlawful Activities Prevention Act (UAPA), his lawyer Harris Beeran said the court was convinced that he was implicated in a fake case.
When UP police arrested him, Kappan was on his way to Hathras in Uttar Pradesh, where a Dalit woman died after allegedly being gang-raped.
The documents confiscated from Kappan's vehicle were hand-outs and posters in English of the 'Black Lives Matter' movement. Another poster read 'Justice for Hathras victim.' The court asked how the hand-outs could be termed provocative, said Beeran.
“The court took into account that he has been jailed for the past two years. As per UAPA, to get bail, the court should be convinced that the prosecution's points are not right at the outset. That is the reason why those booked under this law generally do not get bail,” Beeran said.
Another point the court considered was Sections 17 and 18 of UAPA, which relate to funding and conspiracy.
“Section 17 talks about funding. In Kappan's case, it was accused that the Popular Front of India (PFI) transferred Rs 45,000 to his account to go to Hathras and organise a rebellion there. Section 18 talks about conspiracy. It was accused that PFI is a terrorist organisation and Siddique had interacted with those belonging to the organisation, through Whatsapp chats."
When the court asked UP's counsel how the state could accuse Kappan was part of a conspiracy, the reply was that some hand-outs were seized from his vehicle.
“The court inspected the same and asked how they could be termed provocative. The prosecution did not have a proper answer. The court then said that asking to protest is part of the Right to Freedom of Speech and Expression ensured by our Constitution and they can't be termed a call for rebellion,” Beeran added.
Through these proceedings, Beeran said the court might have felt the case stood on a weak foundation and it provided no evidence for UAPA.
Beeran also said that Kappan neither has any connection to PFI nor was a member though he was a reporter with Thejus newspaper in Delhi.
“His travel to Hathras and his connections via phone were all professional. The chats were mostly with Thejus's editor-in-chief P Koya. That can't be termed as anything more than a professional interaction.”
2-year-long torture because he tried to do his job: Kappan's wife
Raihanath Kappan, Siddique's wife, expressed happiness over the Supreme Court's verdict.
"The bail comes after a two-year-long legal battle. An innocent journalist was put through this torture for trying to do his job," said Raihanath.
She said the Supreme Court was convinced that the case against Siddique didn't hold water and found him innocent. "We will decide on the future course after consulting with our lawyer," she added.
As for the money laundering case against Siddique, Raihanath said the Enforcement Directorate had filed a fake case just because he was carrying Rs 45,000 with him at the time of the arrest. "We hope to get bail in this case soon as well," she said.
