Observing
that every person has a right to free expression, the Supreme Court on
Friday granted bail to Kerala journalist Siddique Kappan, who is in jail for
almost two years after he was arrested while proceeding to Hathras in Uttar
Pradesh where a Dalit woman was allegedly gang-raped and later died.
"Till now you have not shown anything
provocative," a bench headed by Chief Justice UU Lalit and also comprising
Justices S Ravindra Bhat and P S Narasimha told the UP government.
The court also took note of the submissions of the UP
government and laid down several conditions for bail, including that he will
have to remain in Delhi for the next six weeks after release from a prison in
Mathura and report to Nizamuddin police station in Delhi on Monday every week.
Kappan's
wife Reaiheanath said she is very happy to hear the news of him getting bail
and thanked everyone who supported the family.
"For the past two years, we have been physically,
mentally and economically affected. But, now, the Supreme Court has given
bail understanding the facts and circumstances. He is a mediaperson and not
someone they accuse him of being. I strongly believe that. I stand by that and
now it has been proved. I just want to thank everyone who supported us,"
Reaiheanath told reporters.
Opposition parties and journalist bodies also welcomed
the Supreme Court order.
They claimed Kappan was made a "soft target"
by the UP government and hoped he will also be granted bail in another case
filed against him under the Prevention of Money Laundering Act(PMLA).
"A fresh wind is blowing across the Legal and
Judicial system. A Sun that has set must rise again. There will be a new
dawn," senior Congress leader P Chidambaram said in a tweet.
Chidambaram's
party colleague Shashi Tharoor echoed the sentiment.
"Glad the Supreme Court has stood against
indefinite detention at last," he tweeted.
The Kerala Union of Working Journalists (KUWJ) said
the bail order was historic in the context of the continuing attacks against
the freedom of press and independent journalism.
Kappan's lawyer Haris Beeran told reporters he would
approach the trial court seeking bail in the case registered against the
journalist by the Enforcement Directorate (ED). The apex court also granted
Kappan the liberty to avail the right to get bail in the money laundering case.
Kappan, the secretary of Delhi unit of KUWJ, and three
other alleged Popular Front of India (PFI) activists were booked by the UP
police on sedition and other charges in Mathura on October 5, 2020 while they
were heading to a village in Hathras where a 19-year-old Dalit woman was
allegedly gang-raped by four upper-caste men.
Every
person has the right to free expression. He is trying to show that victims need
justice and raise a common voice. Is that a crime in the eyes of law? CJI Lalit
asked referring to widespread protests against the incident that had sparked
massive outrage.
"Similar protests (in Nirbhaya case) were there
in 2012 at India Gate, which led to a change of law. Till now you have not
shown anything provocative," the bench said.
In its order, the apex court said Kappan shall be
taken to the trial court within three days and released on bail on conditions
as deemed fit by the trial court. It shall be the condition of bail that the
appellant shall stay within the jurisdiction of Nizamuddin area here in Delhi.
The trial court is in Mathura.
Elaborating further, the court said that after a
period of six months he may travel to his native place Malappuram in Kerala and
there also he will have to report to the local police station in similar
fashion, that is every Monday, and mark his presence in the register kept on
that behalf.
The appellant shall not leave the jurisdiction of
Delhi without the express consent of the trial court, it said, adding, The
appellant shall either in person or through lawyer shall attend the trial court
on every single day. The appellant shall deposit his passport with the
investigative machinery.
After
perusing the records, the bench said it would refrain from dealing with the
progress of investigation and the material collected by the probe agency as the
case is at the stage of framing of charges.
The appellant shall not misuse the liberty and shall
not get in touch with any of the persons connected with the controversy, the
judges said and disposed of the bail plea.
At the outset, the bench inquired about the alleged
incriminating evidence found against Kappan by the UP police.
Senior advocate Mahesh Jethmalani, appearing for the
state government, claimed Kappan has links with the PFI, which is a banned
organisation in Jharkhand, and there was evidence of him having met certain
people belonging to the group with the motive of inciting riots in sensitive
areas.
The senior lawyer also referred to the amount of Rs
45,000 allegedly received by Kappan from PFI for inciting riots as a little bit
like what happened in Bombay in 1990."
He
said some literature was also recovered to create propaganda and stir the
feeling of Dalit community.
Opposing the bail plea, the state government counsel
referred to the the recovery of a tool kit from the accused which also
contained instructions about how to tackle tear gas.
So this appears to be somewhere from foreign
country.., the bench said when Jethmalani submitted that it was in English.
Mr.Jethmalani, we will grant him bail. Which are the
conditions you want to impose, the bench said before dictating the order.
The top court had on August 29 sought response from
the UP government on the bail plea of Kappan after senior advocate Kapil Sibal,
appearing for the journalist, highlighted he was in jail since October, 2020.
The Lucknow bench of the Allahabad High Court had
earlier this month rejected the bail application of Kappan, who was also booked
under the Unlawful Activities (Prevention) Act in the alleged Hathras
conspiracy case. A Mathura court had earlier junked Kappan's bail application.
The
FIR was filed under various provisions of the Indian Penal Code and the UAPA
against four people having alleged links with the PFI. The PFI had been accused
in the past of funding protests against the Citizenship Amendment Act across
the country.
The police had earlier claimed the accused were trying
to disturb law and order in Hathras.
The Dalit woman had died at a Delhi hospital a
fortnight after the alleged gang-rape on September 14, 2020. She was cremated
in the middle of the night in her village.