In an exclusive interview with India Tomorrow, journalist Siddique Kappan shared that although he has been out of jail for the past two years, he feels as if he is living in an “open prison” due to stringent bail conditions. He has approached the Supreme Court to request a relaxation of these conditions, allowing him to live freely and fully engage in his work as a journalist.
By Mohammed Naushad Khan
NEW DELHI: Today is the fifth anniversary of the arrest of Siddique Kappan, who worked for a Malayalam-language news outlet. He was arrested while he was on his way to cover the gang rape and murder of a Dalit girl in a village in Hathras district in Uttar Pradesh. The incident of rape-cum-murder was covered by national and international media for days together.
Kappan, who was slapped with several serious charges including provisions under the draconian Unlawful Activities (Prevention) Act (UAPA) and money laundering law by the UP police, had attracted international headlines. All major international human rights organizations and journalists’ bodies had strongly condemned the arrest saying it was an attack on the freedom of speech in India.
Though he finally secured bail and came out of jail in January 2023, the bail conditions are so harsh that it makes it difficult for him to perform his duties as a journalist which requires a lot of travel and meeting people from different walks of life. This restricts him from earning a livelihood for himself as well as his family.
In an exclusive interview with India Tomorrow, Kappan recalled how he was arrested and incarcerated for a long period without having committed a crime for which he was booked by the UP police.
“My incarceration played a role in keeping the injustice done to that girl visible at both the national and international levels, even though she did not receive full justice. It also sparked discussions about atrocities against marginalized communities and women in India, as well as the state of media freedom in the country,” said Siddique Kappan while recalling his arrest.
“October 5, 2020, stands as a pivotal day in my life. Prior to that, in my 40 years, no other day or event came close in significance. Reflecting on October 5th now feels like recalling an incredible dream. Despite the worry and hardship I experienced then, I am proud of that day today,” he further said,.
On its impact on personal and professional life, he said, “I believe that my arrest and the controversies surrounding it helped ordinary people understand how easily someone can be branded a terrorist in this country. However, the arrest and the subsequent 28 months in prison deeply impacted my personal life, my family, and my work. My children’s mental health and education suffered significantly, and our financial stability was shattered. I was unable to work due to the constant travel related to the case. It has now been two years since my release, yet due to the bail conditions; I continue to live as though I am in an open prison.”
On relief from bail condition, Kappan said, “I have approached the Supreme Court, seeking relief from these bail conditions, which prevent me from earning a living to support my children’s education and cover court expenses. I have informed the court of this hardship. The court’s remarks have made it clear that I was jailed on false charges, and the decision to grant me bail reflected the court’s acknowledgment of this. Yet, despite this, I am still bound by bail conditions that make it impossible for me to work or live freely. This is deeply unfair.”
“I believe in continuing honest media work—raising the issues of ordinary people without acting as a mouthpiece for the state. Media should not serve as PR for the government. It is better to be in jail for doing truthful journalism than to make money spreading hate or promoting government interests. In a democracy, the role of the media should always be to hold those in power accountable,” said Kappan on the way forward in his profession.
The UP police had charged him under the Unlawful Activities (Prevention) Act (UAPA) and accused him of having links to extremist organizations, a claim he has consistently denied.
Kappan was arrested when he was travelling with other students activists on their way to Hathras.
The cab driver was also arrested. However, Kappan maintained that he was merely doing his job as a reporter, covering a significant news story of national importance.
The case against Kappan has raised concerns about the increasing use of anti-terrorism laws against journalists and the broader erosion of press freedom in India. Many saw his arrest as part of a pattern of silencing dissenting voices, particularly those critical of the government. Despite international outcry, his legal battles have been prolonged, with various courts hearing petitions for his release.
Kappan was eventually granted bail in September 2022 in some of the cases filed against him, but he remained in custody for extended periods due to additional charges. He was finally released on bail in January 2023.
His case continues to be emblematic of the challenges faced by journalists in India when reporting on sensitive or controversial topics.
Siddique Kappan was working for the Malayalam-language news portal Azhimukham and other media outlets at the time of his arrest. He hails from the Malappuram district of Kerala and was primarily covering socio-political issues, including minority and Dalit concerns, before his arrest.
Along with Kappan, three others were also arrested under the Unlawful Activities (Prevention) Act (UAPA) and charged with conspiracy to incite violence and unrest. The authorities claimed that Kappan had links to the Popular Front of India (PFI), claimed by police as a radical organization, and accused him of being part of a plot to incite communal violence.
However, Kappan, his family, and media organizations refuted these allegations, asserting that he was simply travelling as part of his duty as a journalist to cover the event. His arrest was widely condemned by human rights activists, press freedom advocates, and various media organizations, including the Press Club of India, and the Editors Guild of India, who called it an attack on freedom of the press.
Kappan’s legal battle was prolonged, with various charges levied against him under UAPA, sedition, and IT Act provisions. Despite being granted bail in some cases, he remained in jail due to additional charges. He was eventually released on bail in January 2023 after spending more than two years in custody, during which time he continued to proclaim his innocence and demand a fair trial. Kappan’s case has come to symbolize the growing challenges and pressures faced by journalists in India, especially those reporting on issues sensitive to the government or related to marginalized communities.
Timeline of the case
October 5, 2020
Arrest: Siddique Kappan, a reporter for the Malayalam news portal Azhimukham, was arrested while en route to Hathras, Uttar Pradesh, following the death of a Dalit woman who had allegedly been raped. Kappan and three others were accused of attempting to instigate violence in response to the public outrage surrounding the case. He faced charges of sedition and was booked under the Unlawful Activities (Prevention) Act (UAPA).
Legal Action: On October 6, the Kerala Union of Working Journalists (KUWJ) filed a habeas corpus petition challenging Kappan’s detention. The Supreme Court addressed the matter on October 12, directing the petitioners to approach the high court instead.
Bail Application: A bail application was submitted on October 29, prompting the court to issue a notice seeking the Uttar Pradesh government’s response. The bail plea was scheduled for a hearing in November.
November 2020
UP Government’s Defence: The Uttar Pradesh government filed an affidavit claiming Kappan was arrested to prevent potential law and order issues in Hathras.
December 2020
Hearing: The case was heard again, with the UP government continuing to defend Kappan’s arrest.
February 2021
Interim Bail: Kappan was granted five days of interim bail to visit his ailing mother.
April 2021
Chargesheet Filed: The UP police filed a chargesheet against eight individuals, including Kappan, in the UAPA case. The case was subsequently transferred from Mathura to the Lucknow sessions court.
July 2021
Bail Denied: The Mathura court denied Kappan bail in the UAPA case.
August 2021
High Court Decision: The Lucknow Bench of the Allahabad High Court also denied bail, and Kappan remained in custody.
September 2022
Supreme Court Bail: The Supreme Court granted Kappan bail after noting that no formal charges had been filed against him. The court imposed conditions, including that Kappan stay in Delhi for the next six weeks.
December 2022
Bail in Money Laundering Case: The Allahabad High Court granted Kappan bail in the money laundering case.
February 2023
Release Process: On February 1, the sureties required for Kappan’s release were submitted to the court. Kappan walked out of jail on February 2, 2023, after spending 28 months in custody.
