Explainer: Why is Siddique Kappan Still in Jail Despite Securing Bail?

Kerala journalist Siddique Kappan was granted bail by the Supreme Court nearly two years after he was arrested under the anti-terror law, the Unlawful Activities (Prevention) Act (UAPA) in Uttar Pradesh. The secretary of the Kerala Union of Working Journalists’ Delhi unit was arrested by the UP police while he was on his way to Hathras to cover the developments after the gruesome rape and murder of a Dalit girl. He is still in jail because of a money laundering case pending against him. 

Who is Siddique Kappan?

Siddique Kappan is a Kerala reporter who works for Malayalam news portal Azhimukham. He is also the secretary of the Kerala Union of Working Journalists’ (KUWJ) Delhi unit. According to media outlets, he is a computer engineer. 

He worked in Saudi Arabia for some time and returned to India in 2011 when his father passed away and since then has been working for various Malayalam media outlets. Kappan is married and the couple has three children. He has been working in Delhi for about six years. 

Why was Siddique Kappan arrested?

On 5 October 2020, Siddique Kappan was arrested along with three Campus Front of India (CFI) members Atiq ur Rahman, Masood Ahmed and Alam from in Mathura while he was travelling to Hathras to cover the high-profile rape and murder case. CFI is the student’s wing of the now banned Popular Front of India (PFI).

The victim girl was allegedly gangraped by four Thakur men from her village. She succumbed to her injuries two weeks later at a hospital in Delhi. The body was cremated in the middle of the night without seeking the family’s consent.

The state police pressed charges against him under provisions of UAPA. All the four accused were charged under Section 153A (promoting enmity between different groups on ground of religion) and Section 295A (deliberate and malicious acts intended to outrage religious feelings) of the Indian Penal Code (IPC) and Sections 65, 72 and 75 of the Information Technology Act.

What happened during his arrest?

On 5 October 2020, the Uttar Pradesh police stopped the car in which Kappan was travelling from Delhi to Hathras. In the FIR, it was alleged that Kappan and his associates were gathering funds to trigger caste riots through some websites, the Hindu reported. According to the FIR, the arrested persons were anti-social elements. 

Why is Siddique Kappan still in prison?

Soon after the Supreme Court granted bail, a court in Lucknow ordered the release of Kappan in connection with the case registered against the journalist by the UP Police. The judge had directed Kappan to furnish two sureties of Rs 1 lakh each and a personal bond of the same amount. Despite the lower court order, the jail authorities did not release him due to the Directorate of Enforcement (ED) case pending against him. 

What is the money laundering case against Siddique Kappan?

After Kappan’s arrest by UP Police, the ED officials opened a money laundering case against him. The charge sheet was filed against Kappan and four office bearers of the PFI in February 2021. According to ED sources, KA Rauf Sherif, the CFI national general secretary, raised funds through PFI members in the Gulf and sent the remittance to India through illegal means. Rauf was arrested by the ED on December 12, 2020. 

In its prosecution complaint ( equivalent to a chargesheet ), the ED claimed Rauf sent money to Masud Ahmed and Atikur Rehman. The probe agency further claimed that a car was bought by Masud for Rs 2.25 lakh to travel to Hathras. 

Can money laundering accused get bail under the PMLA?

As per the provisions of the PMLA, it is generally difficult to secure bail. The law stipulates that the court will not grant bail unless it is satisfied that the person is not guilty.

Section 45 (1) of the PMLA says, “…where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person who is under the age of sixteen years or is a woman or is sick or infirm, may be released on bail, if the special court so directs.”

What did the Supreme Court say while granting bail?

The Supreme Court questioned the UP Police’s claim that the literature found on Kappan was meant to incite riots. Chief Justice of India UU Lalit said people had the right to freedom of expression. “Every person has the right to free expression. Is that a crime in law? He is trying to show that victim needs justice and raise a common voice. Will this be a crime in the eyes of the law?” CJI Lalit said.

Later, the Bench granted the bail to Kappan saying “considering the length of custody undergone by the appellant and the peculiar facts and circumstances of the case.”

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