The Supreme Court of India (SCI) Friday granted bail to journalist Siddique Kappan. Kappan has been detained for more than 700 days under the controversial Unlawful Activities Prevention Act (UAPA) of 1967. The SCI was unconvinced by the State’s arguments that documents allegedly seized from Kappan are provocative in nature.
Siddique was arrested on October 5, 2020, by Uttar Pradesh police while traveling to Hathras to report on the rape and murder of a Dalit girl. The charges against Kappan include promoting enmity, outraging religious feelings, sedition, criminal conspiracy, terrorist funding and tampering with computer source documents. However, the United States Committee on International Religious Freedom believes that Kappan is imprisoned because of his “religious identity and for reporting on religious freedom conditions.” In 2020, UN experts warned that the UAPA is commonly used to target religious minorities, political dissidents and human rights activists.
Chief Justice of India U.U. Lalit and Justice S. Ravindra Bhat observed that “every person has the right to free expression” and questioned whether Uttar Pradesh wish to propagate the idea that advocating for victims is a “crime in the eyes of the law.” Mahesh Jethmalani, appearing for Uttar Pradesh state, contended that Kappan has been in communication with the Popular Front of India (PFI), a Muslim extremist organization, since September 2020 and went to Hathras to incite riots.
Previously, the Allahabad High Court denied and rejected Sidhique Kappan’s bail application but granted bail to Kappan’s driver and co-accused Mohammad Alam after finding no complicity on Alam’s part in any kind of terrorist activities against the country.
