Diaspora condemns High Court for denying bail to Siddique Kappan

Kappan has been put in Uttar Pradesh jail for almost two years. The journalist was picked up by UP police when he was going to cover the Hathras gang rape case. However, the scribe had not written a single word but was arrested and denied bail

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Washington, DC/Kolkata: The Indian diaspora urged the Supreme Court of India to immediately intervene and bail journalist Siddique Kappan, who is in jail for twenty-two months now without even doing a report.

Indian American Muslim Council (IAMC), in its press communiqué, commended about the SC’s earlier decision, in which Muhammad Zubair, the fact-checker with AltNews got justice from the apex court.

However, IAMC has criticized the decision of the High Court and lower court to deny bail to Siddique Kappan, who has been a prisoner of conscience since his arrest on false charges two years ago in Uttar Pradesh.

On Thursday, Allahabad High Court judge Krishan Pahal said Kappan “had no work in Hathras and, therefore, his sojourn with persons (in Hathras) who do not belong to the media fraternity is a crucial circumstance going against him.” 

The press release states, “Virtually accepting the talking points of the police, the judge said Kappan’s defense that he was visiting Hathras as a journalist ‘stands nullified by the averments in the chargesheet.’ The judge also accepted the allegations that Kappan used “tainted money” to incite violence.”

“It is shocking that the Allahabad High Court has decided to deny bail to Kappan saying he had “no business” to be in Uttar Pradesh,” said Syed Ali, IAMC President. “Under India’s Constitution, all citizens have every right to travel across the country, especially as journalists whose job it is to investigate and report.” 

Chief Minister Yogi Adityanath’s government arrested Kappan in October 2020 as he traveled to Mathura city to report on the rape and murder of a Dalit girl. Since then, Kappan has been repeatedly denied judicial relief.

“It should concern us all that there is now a dangerous trend in India’s judiciary to accept the police’s version even when the trial has not been completed and the trial court is yet to rule on the prosecution’s claim against an accused,” Ali said.

“Time and again the courts have shielded Hindus calling for a genocide of Muslims, for running openly vicious and hate-filled reporting against Muslims, especially on television,” said IAMC Executive Director Rasheed Ahmed. “BJP leaders who have defamed Islam’s Prophet continue to have the protection of the court from arrest or any criminal prosecution.”

Kappan’s arrest has also been widely condemned internationally.

And mentioned, “The United States Commission for International Religious Freedom (USCIRF), an autonomous US federal commission, has named Kappan as a Victim of Freedom of Religion and Belief in India. Leading global rights-based organizations and watchdogs such as Amnesty International, Committee to Protect Journalists, and Reporters Without Borders have also flagged his case as one of outright persecution.”

Siddique had moved to the High Court after the trial court had rejected his bail application in July 2021. He has been falsely charged under the draconian Unlawful Activities (Prevention) Act (UAPA) which is widely abused across India against Muslims, human rights defenders, and critics of Prime Minister Narendra Modi’s Hindu supremacist federal government.

IAMC claimed that Kappan is also falsely accused without any evidence of raising funds to run a website and for carrying a dossier on imparting training ‘to incite violence.’ The police have also falsely accused him of being a member of the Muslim organization, the Popular Front of India (PFI), even though he only worked as a journalist with the PFI’s newspaper.

“In any case, the PFI is not a banned organization, so accusing Kappan of criminal conduct merely for alleged association with it did not stand up to legal scrutiny,” it added.

While Ahmed said, “The release of Muhammad Zubair rekindled a hope in us that not the entire judiciary system of India is ‘Modi-fied’.

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