A bench consisting of Justices P.S. Narasimha and Sandeep Mehta granted Kappan’s application to modify this bail condition. As per LiveLaw, the bench stated, “The order dated September 9, 2022, is modified, and it shall no longer be necessary for the petitioner to report to the local police station. The other requests made in the present application can be addressed separately.”

The official copy of the order has not yet been uploaded to the court’s website. This bail condition was initially imposed by the Supreme Court when it granted Kappan bail after nearly two years of detention in September 2022.

Details of the Supreme Court order granting Kappan bail:

On September 9, 2022, the Supreme Court had granted bail to Kerala journalist Siddique Kappan, who has been under the custody of the Uttar Pradesh Police since October 6, 2020. He faces charges under the Unlawful Activities Prevention Act (UAPA).

Kappan was arrested while he was on his way to Hathras in Uttar Pradesh where a Dalit woman had died after allegedly being gang-raped. The police had claimed that the accused was trying to disturb the law and order in Hathras, and also alleged that the accused had links with the Popular Front of India (PFI).

Kappan was kept under custody for alleged offences under Sections 17/18 of UAPA, Sections 120B 153A/295A IPC, 65/72 IT Act for alleged conspiracy to incite riots following the gangrape-murder of a Dalit minor girl in Hathras. The Lucknow bench of the Allahabad High Court had in August, 2022 rejected the bail application of Kappan,

On September 9, a bench comprising of Chief Justice of India U.U. Lalit and Justice S. Ravindra Bhat granted him bail, directing Kappan to remain in Delhi for the next six weeks after the release from an Uttar Pradesh prison and also mark his presence with local police station every week. There were other conditions too.

“The appeal challenges Allahabad High Court order. The appellant was taken in custody on 6 October 2020 and since then has been in custody in connection with Section 17/18 UAPA, 124A, 153A 295A IPC, 65/72 IT Act. It appears that chargesheet has already been filed on April 2, 2021, however the matter has not been taken on consideration on whether charges need to be framed or not. The application for bail having been rejected by High Court, the instant appeal has been preferred. We have heard Kapil Sibal for appellant and Mahesh Jethmalani for the State. We have been taken through some documents on record. At this stage, we refrain from dealing with and commenting on the progress of investigation and the materials collected by prosecution as the matter is at framing of charge.”

The Supreme Court had granted him bail stating that “The appellant shall be produced before the concerned Trial Court within three days from today; and the Trial Court shall release him on bail, subject to such conditions as the Trial Court may deem appropriate to impose to ensure presence and participation of the appellant in the matter pending before it.”

The order further said, “Upon release, the appellant shall stay in the 3 city of Delhi and within the jurisdiction of Nizamuddin police Station and shall not leave the city of Delhi without express permission of the trial court; that the appellant shall record his presence in the concerned police station every Monday in a register maintained for the purpose; that this condition shall be applicable for first six weeks from the date of release.” It added, “After six weeks, the appellant shall be at liberty to go back to his native place and stay at Mallapuram in Kerala but shall report at the local police station in similar fashion that is to say on every Monday and mark his presence in the register maintained in that behalf.”

Thus, the Supreme Court had levied the following conditions on the bail granted to Kappan considering the length of custody undergone by the appellant and the peculiar facts and circumstances of the case:

1. The appellant shall be taken to the trial court within 3 days and shall be released on bail on conditions as deemed fit by the trial court.
2. It shall be the condition of bail that the appellant shall stay within the jurisdiction of Jangpura in Delhi.
3. The appellant shall not leave the jurisdiction of Delhi without the express permission of trial court.
4. The appellant shall record his presence in local police station every Monday. This condition shall apply for first 6 weeks. After 6 weeks, the appellant shall be at liberty to go to Kerala but shall report to the local police station in similar fashion, that is every Monday, and mark his presence in the register kept on that behalf.
5. The appellant shall either in person or through lawyer shall attend the trial court on every single day.
6. The appellant shall deposit his passport with the investigative machinery. The appellant shall not misuse the liberty and shall not get in touch with any of the person connected with the controversy. 

With the order issued by the Supreme Court on November 4, condition 4 has been relaxed.

Background

Kerala based journalist Siddique Kappan has been lodged in Mathura Jail for over 300 days. The Uttar Pradesh Police have filed a 5,000-page chargesheet against him and 3 others who were arrested along with him, and have accused them of receiving Rs. 80 lakhs from financial institutions in Doha and Muscat to create unrest in the state.

Kappan, who is also the secretary of Kerala Union of Working Journalists Delhi unit (KUWJ), and a senior reporter had gone to cover the Hathras horror of the alleged gangrape, and murder of the 19-year-old Dalit woman that had made headlines all around the world. Soon after his arrest, the KUWJ issued a statement expressing that they could not get in touch with Siddique and that neither the Hathras Police Station nor the State Police department could provide any information on taking him into custody. 

The Uttar Pradesh government had submitted in its affidavit that they found “suspicious literature, one that could have an adverse impact on peace,” from their electronic devices. Police have also claimed that the four including Kappan were linked to the Popular Front of India (PFI) and its student body Campus Front of India and that they were going to Hathras “under the garb of journalism with a very determined design to create a caste divide and disturb law and order situation.”

Over the two years of incarceration, he had reportedly been tortured and harassed by jail authorities, denied legal assistance and medicines (he is diabetic), taken a fall in the jail bathroom, contracted Covid-19, has been chained to a hospital bed preventing him from moving or even using the washroom, forced to urinate in a bottle, and has also lost his mother. Kappan had been granted bail twice by the Supreme Court for visiting his ailing mother and for being treated for COVID-19. On both times, there had not been any allegations that he tried to jump bail or influence witnesses or tamper with evidence.

As per a BBC News report, Kappan was “dragged and beaten with sticks on thighs, slapped on face, forced to stay awake from 6pm to 6am on the pretext of questioning and subjected to serious mental torture”. According to his wife Raihanath Kappan, the police repeatedly asked Siddique if he ate beef (many Hindus revere cows, and in recent years Muslims have been lynched for eating beef or transporting cattle), and also asked him why Muslims have an affinity to Dalits.

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The post Supreme Court eases bail conditions for Kerala Journalist Siddique Kappan appeared first on SabrangIndia.

It should be noted that the Uttar Pradesh police’s Special Task Force has filed charges against nine people connected to the Popular Front of India (PFI) for allegedly committing offences such as sedition, criminal conspiracy, funding of terrorism, and other offences. Among the ones that were charge sheeted were the leader of the group’s student wing, K.A. Rauf Sherif, and Kerala journalist Siddique Kappan. Furthermore, they were also accused of engaging in money laundering activities, claiming that the motivation of those involved was to “incite communal riots and spread terror” in the wake of the Hathras gang rape case.

Indian Penal Code (IPC) sections 153 (A) (Promoting enmity between different groups on ground of religion, race, and place of birth, residence, and language), 124(A) (sedition), 295 (A) (deliberate and malicious acts, intended to outrage religious feelings…) and 120(B) (criminal conspiracy) had been used against the said nine accused. Additionally, they are accused of violating several sections of the IT Act as well as Sections 17 and 18 of the UAPA, which relate to raising funds for terror acts.

Earlier, in December 2022, the Special Judge, NIA/ATS, Additional District and Sessions had denied bail to Sherif and Tunnu. Challenging the order, they moved to the HC.

Arguments made by the appellants:

The two appellants were represented by Advocates Amarjeet Singh Rakhra and Sheeran Mohiuddin Alavi. It was argued by the counsels that the current two appellants were not listed in the original FIR, which had initially been lodged in the case against four other accused parties. Furthermore, it was asserted that there was no evidence to support any claims made that they two accused were affiliated with any terrorist groups, were looking for donations or financial support, or had any connections with the PFI or the CFI.

It was further argued that, in light of the provisions of Section 43-D (5) of the UAPA, the court handling the accused’s bail application had a responsibility to determine and satisfy itself regarding whether there were good reasons and reasonable grounds to believe that the accused is prima facie guilty of the charges against them.

Their main argument was that the Special Court wholly failed to satisfy itself as to whether Section 43-D (5) of the UAPA applied, and refused the bail requests solely because a charge sheet had been filed against him, and the co-accused’s bail request had also been denied. The bench was also informed that the High Court had earlier granted bail to co-accused Kappan and Mohammad Alam.

Arguments made by the state:

On the other hand, the counsel representing the State contended that the appellants are connected to the PFI organisation, which engages in terrorist actions in the nation and tries to sow discord there by promoting caste and religious prejudice. Furthermore, it was argued that the Special Court had good cause to deny the bail application because there is a substantial amount of evidence against the appellants.

Order of the court:

After having heard the contentions put forth by both the counsels for parties and upon perusal of the records, the bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava-I noted that initially, the FIR came to be lodged against four accused persons which did not include the names of the appellants and no incriminating article was recovered from their possession or their pointing out.

“The investigating agency has already filed a charge sheet against the appellant and the trial is yet to commence. The named co-accused, namely, Sidhique Kappan, who has been assigned the lead role, has been granted bail by the Apex Court…The other co-accused, namely, Alam @ Mohammad Alam, who was named in the F.I.R. and Atikur Rahman have been granted bail by a Division Bench of this Court,” the Court observed in its order. (Para 16)

The Court also noted that the two appellants have been languishing in jail since a significant amount of time, with Rauf having been incarcerated since February 2021 and Tunnu since November 2022.

Consequently, considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court opined that the court below had failed to appreciate the material available on record. With this, the Court granted the two appellants bail.

The order can be read here:

Related:

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The post Hathras conspiracy case: two more accused granted bail by the Allahabad High Court appeared first on SabrangIndia.

Navigating Uttar Pradesh (UP) opaque procedures meant delays in accessing documents and even getting the case listed but the grounded work by his legal team, a support group and his wife have ensured his release. Thereafter it took a month for the ‘verification’ of documents of eminent citizens who stood bail surety for Kappan.

Siddique Kappan and three others were arrested in October 2020 while on their way to Hathras where a Dalit woman died allegedly after being raped

One whole month after he was finally granted bail on December 23, 2022 and more than two years after he was arrested by the Uttar Pradesh Police while heading to the Hathras home of a young Dalit woman who died after an alleged gang rape, journalist Siddique Kappan was released from a Lucknow jail on Thursday (February 2, 2023) morning.

This was confirmed by Lucknow senior jail superintendent Ashish Tiwari to The Indian Express. Kappan was finally released at 8.30 am on Thursday. “All his paperwork was completed, and then he was released,” said Tiwari. Kappan’s release comes more than a month after he was granted bail on December 23 by the Allahabad High Court in a money laundering case filed by the Enforcement Directorate.

Speaking to the media after his release, Kappan said that it was a “long fight” to acquire bail and be released. “After 28 months and a long fight, I am out today. I got a lot of support from the media and I am happy,” he said. He has consistently denied all allegations levelled by the police against him, he said, “I had gone to do reporting there (in Hathras). What is wrong with that?…Nothing was found on me except my laptop and mobile phone. I had two pens and a notebook too.” Kappan and three others were arrested in Mathura on October 5, 2020, while heading to Hathras. There were also serious allegations about Kappan’s harsh treatment on the day of his arrest.

The high court in an order passed by Justice Dinesh Kumar Singh had said that “except for allegations that Rs 5,000 was transferred to the bank account of co-accused, Atikur Rahman, there is no other transaction, either in the bank account of the accused-applicant or in the bank account of co-accused”. The High Court also stated that Kappan was entitled to be released on bail as the “proceeds of crime is less than Rs 1 crore and there is no likelihood” of Kappan “to commit the same offence in future”.

Kappan had been granted bail by the Supreme Court on September 9, 2022 in the Unlawful Activities (Prevention) Act –UAPA –case after being booked by the UP Police for alleged links with the radical Popular Front of India– the outfit and its affiliates were banned by the Centre on September 28. Senior constitutional lawyer, Kapil Sibal appeared in the apex court both for Kappan’s bail and before that on a habeas corpus petition.

While granting Kappan bail in the UAPA case, the Supreme Court inquired what exactly had been found against him, and also noted “the length of custody undergone”. In December 2023, a Lucknow court framed charges against Kappan and six others in the case under the Prevention of Money Laundering Act (PMLA). The other accused are K A Rauf Sherif, Atikur Rahman, Masud Ahmad, Mohammad Alam, Abdul Razzak and Ashraf Khadir.

Support Group for Siddique Kappan

Sabrangindia spoke at length to a member of the support group that spontaneously emerged for journalist Siddique Kappan. Says Geeta Seshu, senior journalist who runs Free Speech Collective, and is a part of this unique mobilisation for Kappan,

“A number of journalists and human rights activists helped support the campaign for Kappan’s release. They include the Kerala Union of Working Journalists in Delhi, the Siddique Kappan Solidarity Committee and its convener, senior journalist NP Chekutty in Kerala,  Sevanti Ninan, founder editor of The Hoot, journalists like Geeta Seshu from Free Speech Collective who took on the campaign after Kappan was transferred to an NIA court in Lucknow in 2021.” She adds, “Siddique Kappan was always very particular that he would only take the help of journalists and journalists’ organisations or press freedom groups because he was a journalist and travelling for his journalistic work.

Kappan worked for Tejas, a publication in Kerala when Chekutty was editor. But, says Seshu, it is the amazing legal support that the support group could muster for Kappan that is worthy of mention and note. This Support group that included senior journalist, Geeta Seshu, was and is conscious of the huge service or contributions made by a group of efficient and committed lawyers (advocates) who worked pro bono. In Kappan’s team, IB Singh, senior lawyer at the Lucknow bench of the High Court who was in fact out of the country when Geeta Seshu contacted him, did not take more than a few minutes to accept and agree. These are advocates of highly respected seniority.. then his son Ishaan Baghel stepped in with his team at the PMLA and NIA courts in Mathura and Lucknow. While bare expenses were paid through this support group no legal fees were charged. The Bail Application, Discharge application and Quashing Petition, applications to access case papers, were all handled by Singh and his wider team.

After the Mathura court rejected the bail in November 2021, the matter/case (scene) shifted to the NIA Special Court in Lucknow.  After his bail was rejected in Nov 2021, the PMLA case was filed and these dual proceedings became predictably the double-edged sword. This is when Ishan Baghel stepped in with his team to ensure that this case was followed up meticulously.

“The lessons learned are profound and lasting. Professional journalists are usually clueless about the complications related to legal and court procedures and therefore the first and critical steps are to ensure credible, senior level legal support that has a standing. Kappan like so many others just did not have lawyers, did not have access to lawyers,” elaborates Geeta.

Then there is the emotional support that the family of those jailed need: there are multiple issues involved here, especially in a state like UP. Getting access to the jailed journalist with his/her family: to navigate the fear (legitimate) that relatives have. A bitter experience that one of the co-accused in this case was shocking. Barely reported in the media bar some, the fact that the family was from Kerala and Muslim was enough to get them jailed themselves! Their crime? They came to Uttar Pradesh with a RTCPR (Covid-19 test) that was not from “a recognised health facility.”!

Sabrangindia: How was it navigating the legal quagmire in UP?

Geeta Seshu (GS): The real struggle was accessing documents – for months, Kappan was not given access to the entire charge-sheet  of the 5,000 pages. This defies the very basic tenets of Indian criminal law and due process when an accused is denied information on why and on what grounds his personal liberty has been challenged. Then there were/are the listing problems often cases such as these are not listed on the dates scheduled, there is no accountable system of ensuring transparency and promptness on this. The final blow was the ghastly delay in the verification of documents once we had managed to put together persons who were willing to stand surety.

The crucial assistance to find people to stand surety came from the Rihaii Manch in Lucknow, Sandeep Pandey and Arundhati Dhuru, the Press Club of India president Umakant Lakhere and journalist Kumar Sauveer who stood surety and came to court to sign the verification documents even though he had suffered a stroke just a day after agreeing to stand surety!

Sabrangindia: Where and what were the hurdles that he, his legal team and the support group faced in actually navigating these different hurdles and complications?

GS: First of all, we need to recognise there is no operative basic rule of law in Uttar Pradesh. Every institution of law and order and justice delivery functions arbitrarily. Then, there is a huge sense of prevalent fear in Uttar Pradesh that all persons in jail experience and have to overcome, but especially those from the marginalised sections, the minorities. Then there is black hole of procedure where we get no information, there is no transparency, where the police are not accountable to even the courts for inordinate delays (in verification of documents etc.). This is a challenge for us, the media, the human rights movement to re-calibrate and re-think our strategies. The endless delays we faced, since first September 2022, then November 2022 to just get official documents ‘verified’ is frustrating, shocking and frightening for the average person. And here we are happy and successful (as we should be) that Siddique Kappan is finally out.

Background

In September 2022, when former pro vice chancellor of Lucknow University publicly declared that she would stand surety for journalist Siddqiue Kappan, her statement was received with awe and appreciation by the journalist and human rights community. Prof Verma had then told the media, “I am not completely aware of the details of Kappan’s case, but it looks that opening my mouth is a serious crime. He was heading to cover a crime incident in Hathras, but the scribe is arrested and suddenly serious offences Acts and sections such as UAPA, money laundering are slapped on him. Further, he becomes suspected of having links with notorious outfits. Such back-to-back developments to tighten the noose create doubts in citizens like me, and it seems that action against Kappan is motivated. I may be proven wrong if Kappan is indeed found guilty by court, but still at this moment, his right to bail cannot be suppressed.”

Related

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The post Journalist Siddique Kappan’s release after 28 months in a UP jail, where a black hole with opaque procedures affected release appeared first on SabrangIndia.

On February 1, a Sessions Court in Lucknow signed the orders ordering Kerala Journalist Siddiqui Kappan to be released on bail. The order also provides that his sureties and bail bonds have been submitted and accepted. He will most likely be released from jail this evening. This comes 1.5 months after the Allahabad High Court granted him bail in connection with a Prevention of Money Laundering Act (PMLA) case.

The order is as follows.

Courtesy: Bar and Bench

On December 23, 2022, Kappan was granted bail by Justice Dinesh Kumar Singh, Lucknow bench of the Allahabad High Court, in a suit filed against him under the Prevention of Money Laundering Act. The Enforcement Directorate had filed the PMLA complaint in February 2021 against Kappan and others. 

In September 2022, he had been granted bail in connection with a charge brought under the Unlawful Activities (Prevention) Act by a bench comprising the then Chief Justice of India U.U. Lalit and Justice S. Ravindra Bhat.  However, he had remained in jail due to the ED case, for which he was denied bail in October by a Lucknow sessions court.

Brief about the case against Kappan:

On October 6, 2020, Kappan and three others were apprehended while on their way to Hathras, Uttar Pradesh, where a Dalit woman had died after being gang-raped. The police said that the accused was attempting to disrupt peace and order in Hathras, and that the accused had ties to the Popular Front of India (PFI). Police had initially detained the journalist for having violated the provisions of the draconian UAPA. 

Under the Hathras “conspiracy case”, Kappan had been kept under custody for alleged offences under Sections 17/18 of UAPA, Sections 120B 153A/295A IPC, 65/72 IT Act for alleged conspiracy to incite riots following the gangrape-murder of a Dalit minor girl in Hathras. Kappan, a journalist from Kerala, was merely on a professional job, covering the case. He was granted bail by the Supreme Court bench comprising of the then Chief Justice of India U.U. Lalit and Justice S. Ravindra Bhat in all the above-mentioned sections on September 9, 2022.

The enforcement directorate (ED) then initiated a case against him under the anti-money laundering law, levying yet another severe accusation. The ED arrested Kappan in the PMLA case on grounds that he got money from a foreign country without authorisation and used it to commit crimes against the country’s interests.

Related:

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The post Siddique Kappan to finally walk out of Jail! appeared first on SabrangIndia.

Legal formalities for bail granted to Siddique Kappan have now been fixed by the court, eleven days after he was granted bail by the High Court. On December 23, 2022, the Lucknow bench of the Allahabad High Court had granted bail to journalist Siddique Kappan in a suit filed against him under the Prevention of Money Laundering Act. The PMLA complaint had been filed by the ED in February 2021 against Kappan and others.

As directed by the local court, he has to provide two local sureties of Rs 1 lakh each. The sureties will be sent to local police for verification. As provided by Kappan’s lawyer, the court will expedite the verification process and will complete it within ten days. The sureties had been summoned to the court on January 3, 2023 to complete the bail proceedings.

It was further provided that the NIA court bail verification and formalities for his release in the UAPA case have been completed now. In September, he had been granted bail by the Supreme Court in connection with the charges brought up against him under the Unlawful Activities (Prevention) Act.

The bail order under the PMLA case can be read here:

Charges levied against Kappan:

On October 6, 2020, Kappan and three other people were arrested while they were on their way to Hathras in Uttar Pradesh where a Dalit woman had died after allegedly being gang-raped. The police had claimed that the accused was trying to disturb the law and order in Hathras, and also alleged that the accused had links with the Popular Front of India (PFI). The journalist had initially been detained by police for violations of the Unlawful Activities (Prevention) Act (UAPA). Several political leaders who attempted to visit Hathras were forcibly restrained by the UP police.

Under the Hathras “conspiracy case”, Kappan had been kept under custody for alleged offences under Sections 17/18 of UAPA, Sections 120B 153A/295A IPC, 65/72 IT Act for alleged conspiracy to incite riots following the gangrape-murder of a Dalit minor girl in Hathras. Kappan, a journalist from Kerala, was merely on a professional job, covering the case. He was granted bail by the Supreme Court bench comprising of the then Chief Justice of India U.U. Lalit and Justice S. Ravindra Bhat in all the above-mentioned sections on September 9, 2022.

Heaping another stringent charge, the enforcement directorate (ED) had then filed a case against him in accordance with the anti-money laundering law. In the PMLA case, the ED had arrested Kappan on charges that he had obtained money from a foreign country without authorization and used it to commit crimes against the interests of the country.

The central agency had charged Kappan, Rahman, Ahmed, and Alam with receiving money from the now-banned Popular Front of India to “incite riots”. M. Alam was simply the driver of the vehicle taking Kappan and others to Hathras. These charges have been firmly denied by Kappan. Rahman is the national treasurer of the Campus Front of India, a student body of the PFI. Ahmed is the general secretary of the Campus Front of India’s Delhi unit, while Alam is a member of the outfit as well as the PFI.

The bail order by the Supreme Court can be read here:

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The post Siddique Kappan directed to furnish 2 sureties of Rs 1 lakh each for Bail Proceedings under PMLA appeared first on SabrangIndia.

In a suit filed against him under the Prevention of Money Laundering Act, the Lucknow bench of the Allahabad High Court granted journalist Siddique Kappan bail on December 23, 2022. 

The Enforcement Directorate had filed the PMLA complaint in February 2021 against Kappan and others. In September, he had been granted bail in connection with a charge brought under the Unlawful Activities (Prevention) Act.  However, he remained in jail due to the ED case, for which he was denied bail in October by a Lucknow sessions court. He had moved to the High Court seeking bail earlier in October 2022. The bench of Justice Dinesh Kumar Singh has now granted him bail. The order has not been made available yet.

However, Kappan will still not be able to walk free immediately as the High Court order will have to be presented to the PMLA court and the vacation may stand in the way.

The order of the Allahabad High Court paves way for release from prison, 3 months after he was granted bail by Supreme Court in all other cases regist

A bench comprising Chief Justice of India U.U. Lalit and Justice S. Ravindra Bhat passed the order while allowing the appeal filed by Kappan against the PMLA court denying him bail. The verification sureties, including the one given by former vice-chancellor of Lucknow University, Roop Rekha Verma, have still to be completed by the authorities. 

What were the charges against him under PMLA?

In the PMLA case, the ED had arrested Kappan on charges that he had obtained money from a foreign country without authorization and used it to commit crimes against the interests of the country.

On October 6, 2020, Kappan and three other people were arrested while they were on their way to Hathras in Uttar Pradesh where a Dalit woman had died after allegedly being gang-raped. The police had claimed that the accused was trying to disturb the law and order in Hathras, and also alleged that the accused had links with the Popular Front of India (PFI). The journalist had initially been detained by police for violations of the Unlawful Activities (Prevention) Act (UAPA). The ED then filed a case against him in accordance with the anti-money laundering law.

The central agency had charged Kappan, Rahman, Ahmed, and Alam with receiving money from the now-banned Popular Front of India to “incite riots”. Rahman is the national treasurer of the Campus Front of India, a student body of the PFI. Ahmed is the general secretary of the Campus Front of India’s Delhi unit, while Alam is a member of the outfit as well as the PFI.

Bail in the Hathras Conspiracy Case

Siddique Kappan had been granted bail in the UAPA charges levied against him, after spending more than 2 years in jail. All the charges have now finally been cleared against him. It is important to note that three months ago, on September 9, the Supreme Court had granted bail to Kerala journalist Siddique Kappan, who has been under the custody of the Uttar Pradesh Police since October 6, 2020, on his charges filed under the UAPA.

Kappan had been kept under custody for alleged offences under Sections 17/18 of UAPA, Sections 120B 153A/295A IPC, 65/72 IT Act for alleged conspiracy to incite riots following the gangrape-murder of a Dalit minor girl in Hathras. He was granted bail by the Supreme Court bench comprising of Chief Justice of India U.U. Lalit and Justice S. Ravindra Bhat in all the above-mentioned sections. 

The order can be read here.

Related:

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Siddique Kappan: A journalist who has spent 500+ days in prison, for just doing his job
10 months on, Siddique Kappan still in jail!
Delhi: Journalists demand release of Siddique Kappan who completed one year behind bars
Siddique Kappan not a “responsible journalist”, incites Muslims: UP Special Task force

The post Siddique Kappan granted bail in the PMLA case by the Allahabad Court appeared first on SabrangIndia.

Former Vice-Chancellor of Lucknow University, professor, Prof Roop Rekha Verma, has volunteered to stand as surety to fulfil the court conditions for Kerala journalist Siddique Kappan following the bail granted by the Supreme Court in the Unlawful Activities Prevention Act (UAPA) case. Ten days after the Supreme Court granted bail to the journalist, no one else from Uttar Pradesh had so far, come forward to stand surety for Kerala scribe.

On September 9, the Supreme Court had granted bail to Kappan while underscoring that “every citizen has the right to free expression”.

A late night tweet on Tuesday announced this development.

Former Lucknow Varsity VC Roop Rekha Verma. At the age of 79 she has volunteered to stand as surety to fulfill the court condition for release of Siddique Kappan in UAPA case. Bail condition required 2 UP natives but no one in Yogi land was willing. pic.twitter.com/jSnHDvRD70

— binu karunakaran (@litemeter) September 20, 2022

Kappan who was arrested on his way to Hathras in September 2020 to report on the incident of the gang-rape and death of a Dalit girl, has been in jail for nearly two years.

Despite this welcome development, he will still not walk free as on Monday, the sessions court in Lucknow rejected his bail plea in another case under the Prevention of Money Laundering Act (PMLA) lodged against him by the ED.

Prof Verma said: “I am not completely aware of the details of Kappan’s case, but it looks that opening mouth is a serious crime. He was heading to cover a crime incident in Hathras, but the scribe is arrested and suddenly serious offences Acts and sections such as UAPA, money laundering are slapped on him. Further, he becomes suspected of having links with notorious outfits. “Such back-to-back developments to tighten the noose create doubts in citizens like me, and it seems that action against Kappan is motivated. “I may be proven wrong if Kappan is indeed found guilty by court, but still at this moment, his right to bail cannot be suppressed.”

Roop Rekha Verma is also one of the three petitioners challenging the premature release of the 11 convicts in the Bilkis Bano case. Subhashini Ali and Revati Lal are the others.

Related:

Human Rights Defender – SIDDIQUE KAPPAN

Hathras Case: Journalist Siddique Kappan moves SC seeking bail

The post Ex-LU VC, Roop Rekha Verma stands as bail surety for journalist, Siddique Kappan appeared first on SabrangIndia.

On September 9, the Supreme Court granted bail to Kerala journalist Siddique Kappan, who has been under the custody of the Uttar Pradesh Police since October 6, 2020. He faces charges under the Unlawful Activities Prevention Act (UAPA).

Kappan was arrested while he was on his way to Hathras in Uttar Pradesh where a Dalit woman had died after allegedly being gang-raped. The police had claimed that the accused was trying to disturb the law and order in Hathras, and also alleged that the accused had links with the Popular Front of India (PFI).

Kappan was kept under custody for alleged offences under Sections 17/18 of UAPA, Sections 120B 153A/295A IPC, 65/72 IT Act for alleged conspiracy to incite riots following the gangrape-murder of a Dalit minor girl in Hathras. The Lucknow bench of the Allahabad High Court had in August, 2022 rejected the bail application of Kappan,

Today, a bench comprising of Chief Justice of India U.U. Lalit and Justice S. Ravindra Bhat garnted him bail, directing Kappan to remain in Delhi for the next six weeks after the release from an Uttar Pradesh prison and also mark his presence with local police station every week. There were other conditions too.

Proceedings before the court

Senior Advocate Mahesh Jethmalani, appearing for the State of Uttar Pradesh, was quoted by LiveLaw, as saying, “Kappan was in meeting of PFI in Sep 2020. It was said in the meeting that funding had stopped. It was decided in the meeting that they will go to sensitive areas and incite riots. On October 5, they had decided to go to Hathras to incite riots. He was funded with Rs 45,000 to create riots. He claimed to be accredited to a newspaper. But we have found that he was accredited to the official organization of PFI. PFI has to be notified as a terrorist group. One State, Jharkhand, has notified it is a terrorist group. He was there to incite riots. It’s a little bit like what happened in Bombay in 1990.”

He further submitted that a few ID cards and some material had been discovered. As reported by LiveLaw, the CJI then asked, “Are ID cards, some literature, and any explosives found? You claim to have discovered literature in his possession.” In response to this, Jethmalani said no explosives had been discovered, and Sr. Adv. Sibal claimed that the books were discovered in the vehicle. The court made note of the same and said, “At best you can say this man was travelling in a car, and he was apprehended with three others, there was some literature in the car, the other three are linked with PFI? They are accused of what offences…153A?”

As the accused were allegedly sowing discontent by raping a young girl, Sr. Adv. Jethmalani argued that this situation equally qualified for the application of section 124A. CJI Lalit questioned whether there was a chance that the trial’s conclusion would come quickly. Jethmalani responded by saying that the State was trying to hasten the trial.

The judges asked the defendants if they had taken any action in furtherance of the material that was discovered in the vehicle. Advocate Jethmalani responded by saying the State has statements from co-accused to back up his claim. The comments of the co-accused, however, could not be used as evidence, according to the CJI. When Jethmalani stated that they were attempting to get an approver, when CJI Lalit made the comment that if as long as approval was ongoing, the case was not ready for trial. 

The court then considered whether the material discovered was provocative in nature following Sr. Adv. Jethmalani describing it as “a toolbox for riots.”

At this point, Senior Adv. Kapil Sibal interjected and said that the referred literature was for “Justice for Hathras Girl.” When the bench further inquired into the contents of the literature contents which was believed to be possibly dangerous, Adv. Jethmalani offered that it suggests that they were on their way to Hathras and the type of material they were intending to disseminate among the Dalit population. He drew attention to a passage in the literature that described how the police had incinerated a body without informing the victim’s relatives. According to LiveLaw, he said, “This is propaganda, and the Dalits themselves are not involved in it, so the passions are stoked. There are instructions on how to write emails and run social media campaigns, which the PFI is doing.”

However, the bench was not satisfied with the arguments. CJI Lalit asked, “Every person has the right to free expression. He is trying to show that victim needs justice and raise a common voice. Is that a crime in eyes of law?” Referring to the Nirbhaya protests, Justice Bhat reportedly said, “Similar protests were in 2012 at India Gate, which led to a change of law. Till now you have not shown anything provocative.”

The CJI then questioned whether there was any documentation that demonstrates that Kappan must engage in rioting? Sr. Adv. Sibal emphasised that some of the documents had nothing to do with India and that the case as a whole was “not prosecution, but persecution.” Here, Jethmalani brought the court’s attention to a toolbox that contained advice on how to be safe during riots, including what to dress and what not to wear, how to deal with tear gas, and to run alongside black people if you see them doing so. However, Adv. Sibal was quick to interrupt stating that the toolkit was from “Black Lives Matter” protests from the United States of America.

Following the arguments, CJI Lalit said that the bench had decided to give Siddique Kappan bail.

The order said, “We have been taken through some of the documents placed on record. At this stage we refrain from dealing with and commenting upon the progress and investigation and material gathered by the prosecution in support of its case as the matter is still to be taken up at the stage of framing of charges.” But the court granted him bail saying, “The appellant shall be produced before the concerned Trial Court within three days from today; and the Trial Court shall release him on bail, subject to such conditions as the Trial Court may deem appropriate to impose to ensure presence and participation of the appellant in the matter pending before it.”

The order further said, “Upon release, the appellant shall stay in the 3 city of Delhi and within the jurisdiction of Nizamuddin police Station and shall not leave the city of Delhi without express permission of the trial court; that the appellant shall record his presence in the concerned police station every Monday in a register maintained for the purpose; that this condition shall be applicable for first six weeks from the date of release.” It added, “After six weeks, the appellant shall be at liberty to go back to his native place and stay at Mallapuram in Kerala but shall report at the local police station in similar fashion that is to say on every Monday and mark his presence in the register maintained in that behalf.”

Kappan is to deposit his passport to the investigating authority, and is prohibited from contacting anyone connected with the case.

The entire order may be read here:

Background

Kerala based journalist Siddique Kappan has been lodged in Mathura Jail for over 300 days. The Uttar Pradesh Police have filed a 5,000-page chargesheet against him and 3 others who were arrested along with him, and have accused them of receiving Rs. 80 lakhs from financial institutions in Doha and Muscat to create unrest in the state.

Kappan, who is also the secretary of Kerala Union of Working Journalists Delhi unit (KUWJ), and a senior reporter had gone to cover the Hathras horror of the alleged gangrape, and murder of the 19-year-old Dalit woman that had made headlines all around the world. Soon after his arrest, the KUWJ issued a statement expressing that they could not get in touch with Siddique and that neither the Hathras Police Station nor the State Police department could provide any information on taking him into custody. 

The Uttar Pradesh government submitted in its affidavit that they found “suspicious literature, one that could have an adverse impact on peace,” from their electronic devices. Police have also claimed that the four including Kappan were linked to the Popular Front of India (PFI) and its student body Campus Front of India and that they were going to Hathras “under the garb of journalism with a very determined design to create a caste divide and disturb law and order situation.”

Over these two years, he has reportedly been tortured and harassed by jail authorities, denied legal assistance and medicines (he is diabetic), taken a fall in the jail bathroom, contracted Covid-19, has been chained to a hospital bed preventing him from moving or even using the washroom, forced to urinate in a bottle, and has also lost his mother. Kappan had been granted bail twice by the Supreme Court for visiting his ailing mother and for being treated for COVID-19. On both times, there had not been any allegations that he tried to jump bail or influence witnesses or tamper with evidence.

As per a BBC News report, Kappan was “dragged and beaten with sticks on thighs, slapped on face, forced to stay awake from 6pm to 6am on the pretext of questioning and subjected to serious mental torture”. According to his wife Raihanath Kappan, the police repeatedly asked Siddique if he ate beef (many Hindus revere cows, and in recent years Muslims have been lynched for eating beef or transporting cattle), and also asked him why Muslims have an affinity to Dalits.

Related:

Siddique Kappan’s bail plea: Supreme Court issues notice
Hathras Case: Journalist Siddique Kappan moves SC seeking bail
He had no work in Hathras: Allahabad High Court denies bail to journalist Siddique Kappan
Siddique Kappan: A journalist who has spent 500+ days in prison, for just doing his job
10 months on, Siddique Kappan still in jail!
Delhi: Journalists demand release of Siddique Kappan who completed one year behind bars
Siddique Kappan not a “responsible journalist”, incites Muslims: UP Special Task force

The post SC grants journalist Siddique Kappan bail in Hathras conspiracy case appeared first on SabrangIndia.

On Monday, August 29, the Supreme Court issued notice on the petition filed by Kerala journalist Siddique Kappan challenging the rejection of his bail application in Hathras Conspiracy case by the Allahabad Court, reported LiveLaw.

A bench comprising Chief Justice UU Lalit and Justice Ravindra Bhat fixed the matter for final disposal on September 9 and asked the state to file its reply by September 5. The court granted three days to Kappan after that to reply to the government’s affidavit.

Siddique Kappan, is a Delhi-based journalist working with a Malayalam news portal Azhimukham. He is also secretary of Kerala Union of Working Journalists (KUWJ) Delhi unit, and a senior reporter and also a member of Press Club of India. He had gone to cover the Hathras horror of the alleged gangrape and murder of the 19-year-old Dalit woman, that had made headlines all around the world. Siddique Kappan never reached the spot from where he had intended to write his news reports, as he was arrested enroute.

The Hindu reported that the Delhi-based journalist was among four people arrested by the Uttar Pradesh police when they were on their way to Hathras. They were arrested after the State police claimed that a “conspiracy to defame the State government and trigger caste riots over the Hathras incident” was afoot. The four were taken into custody at a toll plaza in Mathura when they were travelling in a car from Delhi to Hathras. The car was stopped after “police found their activities suspicious,” following which they were taken into custody, according to the Mathura police, said the news report.

Senior Advocate Kapil Sibal appearing for Kappan reportedly submitted, “The heart of the allegation is that PFI put 45,000 for terrorist activities. No evidence, no nothing, just allegations. PFI is not a terrorist organization. PFI is not a banned organization. I am a journalist. I was going to Hathras to cover the case. What has happened is that I was working with a newspaper with PFI. I don’t work there anymore.”

As the petition was opposed by Additional Advocate General of the State of UP Garima Prashad, the CJI asked her to file her objections in the matter by placing on record a counter-affidavit.

Denying bail to Kappan, Justice Krishna Pahal of the Lucknow bench of the Allahabad High Court observed that based on the investigation on record, the journalist “had no work at Hathras.” According to the court, “The State machinery was at tenterhooks owing to the tension prevailing due to various types of information being viral across all forums of media including the internet. The said sojourn of the applicant with co-accused persons who do not belong to media fraternity is a crucial circumstance going against him.”

The First Information Report (FIR) against Kappan, registered on October 7, 2020, in Mathura, charges him under Section 120B (punishment for criminal conspiracy), 124A (sedition), 153A (promoting enmity between different groups on grounds of religion, etc) and 295A (deliberate and malicious acts, intended to outrage reli­gious feelings of any class by insulting its religion or reli­gious beliefs) of the Indian Penal Code (IPC), and under sections 17 (punishment for raising funds for terrorism act), 18 (punishment for conspiracy etc.) of the Unlawful Activities (Prevention) Act, 1967, (UAPA) and also under sections 65 (Tampering with computer source documents), 72 (Penalty for Breach of confidentiality and privacy) of the Information Technology Act, 2000 (IT Act).         

In April 2021, the police filed a chargesheet against Kappan listing more than 50 witnesses to support the police charges. In this 5,000-page chargesheet, the UP police alleged that Kappan and others received funds totalling almost Rs. 80 lakhs from financial institutions in Doha and Muscat to create unrest in the state. The police claimed that they were all Popular Front of India (PFI) activists and their student wing (Campus Front of India) leaders were going to Hathras under the garb of journalism with a very “determined design to create a caste divide and disturb law and order situation.”

Related:

Hathras Case: Journalist Siddique Kappan moves SC seeking bail
He had no work in Hathras: Allahabad High Court denies bail to journalist Siddique Kappan
Siddique Kappan: A journalist who has spent 500+ days in prison, for just doing his job
10 months on, Siddique Kappan still in jail!
Delhi: Journalists demand release of Siddique Kappan who completed one year behind bars
Siddique Kappan not a “responsible journalist”, incites Muslims: UP Special Task force

The post Siddique Kappan’s bail plea: Supreme Court issues notice appeared first on SabrangIndia.

The Supreme Court has agreed to list Siddique Kappan’s plea challenging the Allahabad High Court’s order refusing his bail application in Hathras conspiracy case. The matter was urgently mentioned by Advocate Hairs Biran before Chief Justice NV Ramana.

According to the Indian Express, the plea stated, “As a result of the rejection of the application, the Petitioner, a journalist of 12 years’ experience, who has also served as the secretary of the Delhi chapter of the Kerala Union of Working Journalists continues to be incarcerated. Presently, the Petitioner has spent almost two years behind bars, on the basis of trumped-up charges, only because he sought to discharge his professional duty of reporting on the infamous case of the Hathras rape/murder.”

The application further stated, “The HC judgement grossly overlooks the well-established principles regarding the grant of bail, and without affording any cogent reasons, has mechanically dismissed his bail application. The High Court, whilst passing the impugned order has egregiously failed to discharge its bounden duty of examining the entire material on record to decide whether or not a prima facie case has been made out.”

In the High Court order denying bail to Kappan, Justice Krishna Pahal of the Lucknow bench of the Allahabad High Court observed that based on the investigation on record, the journalist “had no work at Hathras.” According to the court, “The State machinery was at tenterhooks owing to the tension prevailing due to various types of information being viral across all forums of media including the internet. The said sojourn of the applicant with co-accused persons who do not belong to media fraternity is a crucial circumstance going against him.”

Brief Background

Siddique Kappan, is a Delhi-based journalist working with a Malayalam news portal Azhimukham. He is also secretary of Kerala Union of Working Journalists (KUWJ) Delhi unit, and a senior reporter and also a member of Press Club of India. He had gone to cover the Hathras horror of the alleged gangrape and murder of the 19-year-old Dalit woman, that had made headlines all around the world. Siddique Kappan never reached the spot from where he had intended to write his news reports.

Soon after his arrest in October 2020, the KUWJ issued a statement expressing that they could not get in touch with Siddique and that neither the Hathras Police Station nor the State Police Department could provide any information on taking him into custody.

Since the day of arrest, Kappan has been treated inhumanly, has been allegedly tortured in custody, and was denied even his fundamental rights to get access to his lawyer. The Hindu reported that the Delhi-based journalist was among four people arrested by the Uttar Pradesh police when they were on their way to Hathras. They were arrested after the State police claimed that a “conspiracy to defame the State government and trigger caste riots over the Hathras incident” was afoot. The four were taken into custody at a toll plaza in Mathura when they were travelling in a car from Delhi to Hathras. The car was stopped after “police found their activities suspicious,” following which they were taken into custody, according to the Mathura police, said the news report.

The First Information Report (FIR) against Kappan, registered on October 7, 2020 in Mathura, charges him under Section 120B (punishment for criminal conspiracy), 124A (sedition), 153A (promoting enmity between different groups on grounds of religion, etc) and 295A (deliberate and malicious acts, intended to outrage reli­gious feelings of any class by insulting its religion or reli­gious beliefs) of the Indian Penal Code (IPC), and under sections 17 (punishment for raising funds for terrorism act), 18 (punishment for conspiracy etc.) of the Unlawful Activities (Prevention) Act, 1967, (UAPA) and also under sections 65 (Tampering with computer source documents), 72 (Penalty for Breach of confidentiality and privacy) of the Information Technology Act, 2000 (IT Act).         

In April 2021, the police filed a chargesheet against Kappan listing more than 50 witnesses to support the police charges. In this 5,000-page chargesheet, the UP police alleged that Kappan and others received funds totalling almost Rs. 80 lakhs from financial institutions in Doha and Muscat to create unrest in the state. The police claimed that they were all Popular Front of India (PFI) activists and their student wing (Campus Front of India) leaders were going to Hathras under the garb of journalism with a very “determined design to create a caste divide and disturb law and order situation.”

Related:

He had no work in Hathras: Allahabad High Court denies bail to journalist Siddique Kappan

Siddique Kappan: A journalist who has spent 500+ days in prison, for just doing his job

10 months on, Siddique Kappan still in jail!

Delhi: Journalists demand release of Siddique Kappan who completed one year behind bars

Siddique Kappan not a “responsible journalist”, incites Muslims: UP Special Task force  

The post Hathras Case: Journalist Siddique Kappan moves SC seeking bail appeared first on SabrangIndia.