NEW DELHI: On Friday, the Supreme Court granted Sidhique Kappan, a journalist from Kerala who was detained on October 5, 2020 by the Uttar Pradesh Police under the Unlawful Activities Prevention Act, bail (UAPA).
Following the rape and death of a Dalit girl, Kappan and others were on their way to Hathras. The Supreme Court ordered Kappan to stay in Delhi for six weeks before moving to Kerala.
Every citizen has the right to freedom of expression, according to a court led by Chief Justice U.U. Lalit. Senior advocate Mahesh Jethmalani, representing the UP government, said On October 5, they had decided to go to Hathras to incite riots. The bench remarked, "Every person has a right to free expression... He is trying to show that the victim needs justice... Will this be a crime in the eyes of the law?"
The bench further mentioned that there were demonstrations for Nirbhaya at India Gate in 2011. Along with Justice S. Ravindra Bhat, the bench also included Justices P.S. Narasimha stated, "You know there was a change in laws after that. These are protests. Sometimes protests are needed to bring about a change."
According to the state government's written response, the investigation "has revealed that the petitioner (Kappan) is part of the larger conspiracy with the co-accused (including the financial launderer of CFI, Rauf Sharif) to foment religious discord and spread terror in the country, especially in the wake of anti-CAA protests and violence, the Babri Masjid decision of this Hon'ble Court, and the Hathras incident."
Kappan's request for bail was denied by the Allahabad High Court's Lucknow bench. He appealed the high court's decision to the highest court. On September 9, the Supreme Court is slated to hear the case.
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