He raised his voice on  Hathras’ victim… Is this a crime? The Supreme Court grants Kappan bail.

Siddique Kappan, a journalist from Kerala, was granted bail by the Supreme Court on Friday, nearly two years after he was detained. He was charged with violating the Unlawful Activities (Prevention) Act by the Uttar Pradesh Police because he was associated with the radical Popular Front of India (PFI). The court noted “the duration of imprisonment suffered” and inquired precisely what evidence had been presented against him.

Questioning the police claim that riot-inciting literature was seized from the vehicle in which he was traveling – Kappan and three others were detained in Mathura on October 5, 2020, while on their way to the Hathras home of a young Dalit woman who died after an alleged gangrape – Chief Justice of India U U Lalit said, “Everyone has a right to free expression.” He is attempting to demonstrate that the (Hathras) victim requires justice by raising a collective voice. Will this be considered a crime in the eyes of the law?”.

The CJI made these remarks while presiding over a bench that included Justices S Ravindra Bhat and P S Narasimha after Senior Advocate Mahesh Jethmalani, who appeared for the State, said Kappan and others were going to Hathras with a “toolkit” to incite riots.

Jethmalani was questioned about what part of the seized material was obscene.

Following the December 2012 Delhi gangrape case, there were protests near India Gate, according to Justice Bhat. “You know, there was a change in the laws after that,” he explained to Jethmalani.