The Supreme Court on Wednesday agreed to list for Friday a petition by Kerala journalist Siddique Kappan seeking bail in the “Hathras Conspiracy case”.
The petition where Kappan has challenged Allahabad HC’s order dated August 2, 2022 of rejecting him bail was mentioned before the bench of CJI NV Ramana, Justices Hima Kohli and CT Ravikumar.
In October 2020, Kappan along with other accused were arrested by UP Police while they were proceeding to report the Hathras rape-murder crime. Initially, they were arrested under an apprehension to cause breach of peace but subsequently they were booked under Unlawful Activities Prevention Act alleging that in the wake of the Hathras gang rape they were trying to incite communal riots and disrupt social harmony in the backdrop of the Hathras gangrape-murder case.
It was also alleged in the FIR that the accused(s) were financed to go to Hathras by terrorist Gand in furtherance of a plan to spread disharmony in society and that the co-accused (s) collected funding from foreign nationals/mediums which were utilised by Kappan for in different mediums and by cash for illegal activities. It was also alleged that Kappan and the co-accused received large quantities totalling Rs 45,000 deposited by PFI in their account.
Assailing the HC’s order, Kappan in the plea has contended that the HC has mechanically dismissed his bail without affording any cogent reasons.
It has also been argued that the HC has failed to take note of the fact that FIR/charge-sheet ex facie does not make case for invocation of sections 17 (punishment for raising funds for the terrorist act) and 18 (punishment for conspiracy) of UAPA.
“Apart from a bald statement to the effect that a perusal of the charge sheet and documents adduced indicate that the offences have been committed, absolutely no reasons have been afforded to indicate as to how this conclusion has been arrived at,” plea states.