LawChakra

[Relaxation of Bail Condition] Supreme Court Seeks UP Govt’s Reply on Kerala Journalist Siddique Kappan’s Plea in UAPA Case

Today(17th Sept), The Supreme Court directed Uttar Pradesh to respond to Kerala journalist Siddique Kappan’s plea for relaxation of his bail condition requiring weekly visits to a local police station. The Court, led by Justices PS Narasimha and R Mahadevan, scheduled the case for hearing in two weeks.

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NEW DELHI: Today(17th Sept), The Supreme Court of India, directed the State of Uttar Pradesh to respond to a plea filed by Kerala journalist Siddique Kappan. Kappan is seeking a relaxation of his current bail condition, which mandates him to mark his presence at a local police station in Uttar Pradesh every week. The journalist, who has already been granted bail in a case under the Unlawful Activities Prevention Act (UAPA), is now looking for relief from this stringent condition.

A bench comprising Justices PS Narasimha and R Mahadevan addressed the matter and asked the counsel representing Uttar Pradesh to gather instructions from the State. The Court scheduled the case for a hearing after two weeks, allowing time for the State to respond to Kappan’s plea.

Siddique Kappan, a prominent journalist working for Malayalam news portal Azhimukham, also held the position of secretary for the Delhi unit of the Kerala Union of Working Journalists (KUWJ). He was arrested by the Uttar Pradesh Police in October 2020 along with three other individuals while traveling to Hathras. Kappan was on his way to report on the tragic gangrape and murder of a 19-year-old Dalit girl from the region, which had sparked outrage across the country.

However, the Uttar Pradesh police alleged that Kappan’s visit to Hathras was not for journalism but rather with an intention to create unrest in the area. The prosecution accused him of trying to disturb communal harmony and collect funds to support a website that allegedly aimed to spread misinformation and incite violence.

The State’s case against Kappan extended beyond just disturbing peace. According to the Uttar Pradesh government, Kappan had links with the extremist organization Popular Front of India (PFI). The prosecution argued that Kappan was part of a larger conspiracy to incite religious discord and terror across the country. These claims resulted in Kappan being charged under the stringent Unlawful Activities Prevention Act (UAPA).

In addition to the UAPA charges, Kappan was also booked for money laundering under the Prevention of Money Laundering Act (PMLA). Authorities alleged that he was involved in financial transactions aimed at funding extremist activities. As a result, Kappan was lodged in Lucknow Central Jail starting from December 2020, where he remained for over two years.

Despite the serious allegations against him, Kappan fought a prolonged legal battle, facing multiple court appearances. Lower courts and the Allahabad High Court had previously denied him bail in the UAPA case. However, in September 2022, the Supreme Court intervened and granted Kappan bail, providing much-needed relief to the journalist.

The Supreme Court’s decision came after months of legal wrangling and public outcry regarding the nature of his arrest and the charges leveled against him. Although Kappan was eventually granted bail, he remained behind bars due to the charges under the Prevention of Money Laundering Act (PMLA).

In December 2022, the Allahabad High Court granted Kappan bail in the PMLA case as well. Following this decision, Kappan was finally released from Lucknow Central Jail in February 2023, after spending over two years in custody.

Despite his release, Kappan continues to face restrictions as part of his bail conditions, which require him to report to a police station in Uttar Pradesh every week. It is this condition that prompted him to approach the Supreme Court seeking relief. Kappan’s legal team, represented by Advocate Pallavi Pratap, has argued that the weekly police station visits are overly burdensome and have severely impacted his ability to carry out his professional and personal duties.

Kappan’s current plea aims to secure a relaxation of this bail condition, which he and his legal team believe is unnecessary given the circumstances of the case. The Supreme Court, in considering this plea, has asked the Uttar Pradesh counsel to take instructions from the State regarding Kappan’s request.

The bench, while posting the matter for further hearing after two weeks, emphasized the need for a response from the State before making any decisions.

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