NEW DELHI: Siddique Kappan, a journalist from Kerala who has been detained for nearly two years and is accused of violating the Unlawful Activities (Prevention) Act, was granted bail by the Supreme Court on Friday, stating that "everyone has a right to free expression."

The "literature" seen in the vehicle  Kappan was travelling to Hathras, where a Dalit girl is alleged to have been gangraped, at the time of his arrest on October 5, 2020 only promoted ideas like "the victim requires justice" and "let us be a common voice," a Bench led by Chief Justice U.U. Lalit stated orally.

Will that be considered a crime in the eyes of the law, Chief Justice Lalit questioned?

"Justice S. Ravindra Bhat and Justice P.S. Narasimha, who were sitting on the bench, recalled how demonstrations at India Gate in 2012 resulted in revisions to the rape legislation. Justice Bhat stated, "Until now, you [Uttar Pradesh] have not displayed anything aggressive. Sometimes protests are required to expose flaws.

Senior counsel Mahesh Jethmalani, speaking on behalf of the State, said that     Kappan was a "agent provocateur" for the Popular Front of India, a "terror group." He was paid and dispatched to Hathras to stir up unrest. 

The court questioned     Jethmalani about whether any information about "Justice for Hathras" suggested that     Kappan was going to Hathras to instigate rioting. It asked if bombs had been discovered inside the car. The State gave a negative response. The Chief Justice summarised, "So, at best, what you can claim is that this man was driving a car with three other people when you stopped him on the Yamuna Expressway, and there was some literature inside the car."

"This is not prosecution, but persecution," senior counsel Kapil Sibal and advocate Haris Beeran argued on behalf of     Kappan. The court ruled that materials used by Uttar Pradesh as a "toolkit" to "incite riots" were tied to a "foreign country," notwithstanding     Sibal's claims to the contrary. "The man has spent over two years in jail. Is there a chance that the probe will soon reach some sort of conclusion? The CJI enquired of the State.

Despite the chargesheet being submitted in April 2021, it was noted that no charges had yet been formulated. According to     Jethmalani, the delay was caused by a change in approver, and it will be finished in two months. “We will give bail to Jethmalani, the Chief Justice declared. The court's injunction prohibited commenting on the outcome of the inquiry or the evidence used to support     Kappan's prosecution.

It instructed him to appear before the trial court in three days in order to be granted bail. A habeas corpus petition had been waiting for more than six months when Siddique Kappan's wife, Raihanth, requested his release in a letter to the then Chief Justice N.V. Ramana in November of last year. The Supreme Court decision upholding the "right to free expression" makes this the most important story of the day at a time when dissenting activists and journalists risk being arrested for their reporting and for expressing their opinions.

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