Allahabad HC Sets Aside Afzal Ansari's Conviction, Allows Him to Continue as MP
On 17th September, the Supreme Court sought a response from the Uttar Pradesh government concerning a plea by Kerala journalist Siddique Kappan, who is asking for relaxation of a bail condition requiring him to report to the police weekly. A Division Bench, consisting of Justice P. S. Narasimha and Justice R. Mahadevan, instructed the state to submit its reply regarding Kappan’s petition. Kappan was arrested in October 2020 while traveling to Hathras, Uttar Pradesh, following the death of a Dalit woman who had died after an alleged gang rape.
On September 9, 2022 the Supreme Court granted Kappan bail after nearly two years of imprisonment, emphasizing that everyone has the right to free expression.
Several conditions were imposed as part of the bail, including that Kappan must remain in Delhi for six weeks following his release and report to the Nizamuddin police station every Monday. The court stated, "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."
Additionally, the court ordered that "it shall be the condition of bail that the appellant shall stay within the jurisdiction of Nizamuddin area here in Delhi." After six months, Kappan would be allowed to return to his native place in Malappuram, Kerala, but would still need to report to the local police station every Monday to sign a register.
The court further added that Kappan would not be allowed to leave Delhi without the express permission of the trial court and that he or his lawyer must attend each trial hearing. His passport was also to be deposited with the authorities.
The charges against Kappan and three others were based on various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act, alleging links with the Popular Front of India (PFI). The PFI has previously been accused of financing protests against the Citizenship Amendment Act across India.
Authorities claimed that the accused were attempting to incite unrest in Hathras, where the victim had died in a Delhi hospital two weeks after the alleged gang rape on September 14, 2020. She was cremated late at night in her village, and her family alleged the cremation took place without their consent, preventing them from seeing her body one last time.
The court has scheduled the next hearing for two weeks. On October 1, 2024.
Case Details- Sidhique Kappan V. State of Uttar Pradesh
MA 1929/2024 in Crl.A.No. 1534/2022
Advocate for Petitioner-Mr. Haris Beeran, Adv., Mr. Azhar Asees, Adv., Ms. Pallavi Pratap, AOR
Advocate for Respondents- Mr. Sharan Dev Singh Thakur, Sr. A.A.G., Ms. Ruchira Goel, AOR, Mr. Sharanya Sinha, Adv, Ms. Harshita Nigam, Adv.
Advocate, High Court