LawChakra

[UAPA Case] “It Shall Not Be Necessary for the Petitioner to Report to the Local Police Station”: SC Relaxes Bail Conditions for Kerala Journalist Kappan

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Today, On 4th November, The Supreme Court relaxed bail conditions for Kerala-based journalist Siddique Kappan in a UAPA case. Previously, on September 17, the court directed the state government to respond to Kappan’s plea. Kappan was arrested in October 2020 while traveling to Hathras, Uttar Pradesh, following the assault and death of a Dalit woman.

New Delhi: The Supreme Court, On Monday, granted a plea by Kerala-based journalist Siddique Kappan to relax a bail condition requiring him to report to the police weekly in connection with a UAPA case against him.

A bench comprising Justices P.S. Narasimhan and Sandeep Mehta modified the bail conditions initially imposed when Kappan granted bail in September 2022.

The bench stated,

“The order dated September 9, 2022, is modified, and it shall not be necessary for the petitioner to report to the local police station. The other prayers made in the present application can be agitated independently,”

The Supreme Court previously instructed the state government on September 17 to file its response to Kappan’s plea. Kappan was arrested in October 2020 while en route to Hathras, Uttar Pradesh, following the death of a Dalit woman who was a victim of gang rape.

Upon granting bail to Kappan on September 9, 2022, the court noted that every individual has the right to free expression. The initial bail conditions included a stipulation that he remain in Delhi for six weeks after his release and report weekly to the Nizamuddin police station.

The bench stated in its order,

“The appellant shall be taken to the trial court within three days and shall be released on bail under conditions deemed appropriate by the trial court,”

It added,

“It shall be a condition of bail that the appellant stays within the jurisdiction of the Nizamuddin area here in Delhi,”

The court further elaborated that after six months, Kappan may travel to his hometown of Malappuram in Kerala, where he will also be required to report to the local police station every Monday and sign the register kept for that purpose.

The bench emphasized,

“The appellant (Kappan) shall not leave the jurisdiction of Delhi without the express consent of the trial court,”

The bench noted adding,

“The appellant shall attend the trial court in person or through his lawyer every single day. The appellant shall also deposit his passport with the investigative authorities.”

The FIR filed against four individuals, including Kappan, under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act for their alleged connections with the Popular Front of India (PFI). The PFI previously been accused of financing protests against the Citizenship Amendment Act across the country. Police claimed the accused were attempting to disrupt law and order in Hathras.

The victim, a Dalit woman, died at a Delhi hospital two weeks after allegedly being raped by four men from her village on September 14, 2020. Her cremation took place in the middle of the night in her village, with her family claiming they were not allowed to bring the body home for a final farewell and that the cremation was conducted without their consent.







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