Supreme Court Defers Siddique Kappan’s Passport Release Plea To November 2

The CSR Journal Magazine

The Supreme Court has postponed the hearing regarding Siddique Kappan’s plea for the release of his passport until November 2. Kappan, a journalist from Kerala, had submitted his passport as a condition of his bail in the Hathras conspiracy case. The decision to defer the hearing was made on Tuesday, as reported by the Press Trust of India.

A bench consisting of Justices P S Narasimha and Alok Aradhe agreed to the adjournment after Uttar Pradesh’s standing counsel, Ruchira Goel, indicated that she had received the application that morning and required additional time to seek instructions. The bench accepted this request, scheduling the matter for a hearing on November 2.

Kappan was arrested in Hathras, Uttar Pradesh, on October 6, 2020, while en route to report on the alleged gang rape and murder of a Dalit girl. He faces charges under the Unlawful Activities (Prevention) Act, accused of being part of a conspiracy to incite riots following the incident.

Background of Kappan’s Arrest

Kappan’s arrest occurred in the context of a highly publicised case. The Dalit girl, who was reportedly raped on September 14, 2020, died in a Delhi hospital two weeks later. The circumstances surrounding her cremation have raised significant controversy, with her family alleging that the cremation was conducted without their consent and that they were denied the opportunity to bring her body home for a final farewell.

On September 9, 2022, the Supreme Court granted Kappan bail after he appealed against a decision made by the Allahabad High Court. The Supreme Court imposed several conditions on his bail, which included a stipulation that he must remain in Delhi for six months following his release and report to the Nizamuddin police station every Monday. After this period, he would be permitted to return to his native Malappuram in Kerala, with similar reporting requirements to the local police.

The Supreme Court also mandated that Kappan could not leave the jurisdiction of Delhi without explicit consent from the trial court. Furthermore, he was required to attend the trial court in person or through legal representation every day. As part of the bail conditions, Kappan was instructed to deposit his passport with the investigative authorities.

Legal Proceedings and Allegations

The case against Kappan is part of a broader investigation involving four individuals accused of having connections with the banned organisation, the Popular Front of India. The police allege that these individuals were attempting to disrupt public order in Hathras following the incident involving the Dalit girl.

The Allahabad High Court had previously dismissed Kappan’s bail plea in 2022, stating that the nature of the offence and the evidence presented did not warrant his release at that time. The court noted the seriousness of the allegations and the potential consequences involved, concluding that it was not inclined to grant bail without expressing any opinion on the merits of the case.

Prior to the High Court’s decision, Kappan’s bail application had also been rejected by a Mathura court. The ongoing legal proceedings have drawn significant attention, reflecting the complexities surrounding issues of press freedom, public safety, and the rights of individuals involved in high-profile cases.

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