Mathura local court has adjourned Kerala-based journalist Siddique Kappan's bail plea to July 5. Kappan's Counsel argued before the Court that his mother had died on June 18 and he be released on Bail as he is innocent.
Kappan's mother, Khadeeja Kutty, died at her home in Malappuram, Kerala on June 18. She was 90. In February, Kappan, who was lodged in Mathura Jail in Uttar Pradesh was granted an interim bail of 5 days by the Supreme court to meet his ailing Mother.
Today, when the case was taken up by the Mathura local court, Kappan's counsel argued that he is a Journalist by profession and has not done anything beyond the ambit and scope of guidelines issued by the Press Council of India on professional standards to be maintained.
The counsel submitted before the Mathura ADJ Narender Kumar Pandey that he had been in jail for the last 8 months and 22 days, and his Mother expired on 18.06.2021 and the charge sheet was filed and the ingredients of the offence were not made out.
It was further argued that he is innocent and that his right to access the place of news and his duty to verify the correctness of the same was violated. The bail application also says that there is nothing to connect the applicant with the alleged offences other than bald allegations, without supporting documents.
Referring to Supreme Court's order granting liberty to him to seek remedy available in law including granting liberty to file an application for bail along with other reliefs, the Bail Application avers that keeping him in jail on the strength of UAPA is nothing but a misuse of its provisions, more particularly when there is no iota of evidence or recovery against the accused even in the charge sheet
Last week, a Mathura Court dropped the proceedings against him and three other persons in connection with a case registered against them under charges related to apprehension of breach of peace while they were on their way to Hathras to meet the family of a Dalit woman allegedly raped and murdered last year.
Recently, Kappan's wife wrote to the CJI saying that that he (who has recently tested Positive for COVID-19) is chained like an animal in a cot of the Medical College Hospital, Mathura, without mobility, and that he is not able to take food, go to the toilet for the last more than 4 days, and is very critical.
The letter also stated that the Writ of Habeas Corpus (seeking Kappan's release) petition filed on 06th October 2020 which was supposed to be disposed of on 09th March 2021 had not been disposed of despite it being listed it more than 7 times.
Kappan who is an independent Journalist was arrested by the Uttar Pradesh police on October 5 last year, while he was on his way to Hathras to meet the family of a Dalit woman allegedly raped and murdered last year. He has been behind bars since he was held in a case registered against him under charges related to apprehension of breach of peace.
Subsequently, he was booked under the UAPA alleging that he and his co-passengers were trying to incite communal riots and disrupt social harmony in the wake of the Hathras gangrape-murder case.
Kappan's health condition was under concern last month when he rested positive for Covid-19.After his wife had claimed that Kappan had been chained in the Mathura hospital and his condition was so weak that he had collapsed in the washroom, he was shifted to AIIMS for better treatment.