SC relaxes bail condition on Kerala-based journalist Kappan in UAPA case

The top court had on September 17 asked the state government to file its reply on the plea of Kappan, who was arrested in October 2020 while on his way to Hathras in Uttar Pradesh after a Dalit woman

The Supreme Court on Monday relaxed the bail condition imposed on Kerala journalist Siddique Kappan of reporting to a Uttar Pradesh police station every week in a UAPA case against him.

A bench of Justices P S Narasimhan and Sandeep Mehta relaxed the condition imposed by the top court on Kappan at the time of his bail in September, 2022.

"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," said the bench.

Kappan was arrested in October, 2020 while on his way to UP's Hathras, where a Dalit woman had died after allegedly being sexually assaulted by a group of men.

While granting bail to Kappan, the court had directed him to report to the police station concerned every week.

The top court had on September 17 asked the state government to file its reply on Kappan's plea. The top court granted him bail after he had spent almost two years in prison and observed every person had the right to free expression.

Kappan was then saddled with several bail conditions, including the one directing him to remain in Delhi for the following six weeks after his release from prison and reporting to the Nizamuddin police station every Monday.

"The appellant shall be taken to the trial court within three days and shall be released on bail on conditions as deemed fit by the trial court," the bench had said.

The court had, however, allowed him to travel to Malappuram in Kerala, his home state, after six months maintaining that he would have to report to the local police station and mark his presence there every Monday.

Kappan was directed not to leave Delhi's jurisdiction without the permission of the court besides being ordered to attend the trial court every day either personally or through his lawyer.

"The appellant shall deposit his passport with the investigative machinery," added the top court.

The case was registered against Kappan and three others under various provisions of the Indian Penal Code and the Unlawful Activities (Prevention) Act for allegedly having links with the Popular Front of India (PFI).

The PFI had been accused in the past of funding protests against the Citizenship Amendment Act across the country and the police claimed that the accused persons had attempted to vitiate the law and order situation in Hathras.

The woman in question had died at a Delhi hospital a fortnight after her alleged rape by four men from her village on September 14, 2020.

She was cremated in the middle of the night at her village but the family claimed that her last rites were performed without their consent and they were not allowed to being her mortal remains home one last time.