Even after a year has passed in the arrest of journalist Siddique Kappan and three others under the draconian Unlawful Activities Prevention Act (UAPA), the families of all four accused are hanging on to shreds of hope of their release from prison.
Nikita D | TwoCircles.net
Last year on October 5, Siddique Kappan, a journalist working in Delhi, decided to hitch a ride with two student activists, Atikur Rahman and Masood Ahmed, to Hathras in Uttar Pradesh, where the alleged gangrape and forcible cremation of a 19-year-old Dalit woman had created shock-waves across the country. While on their way to meet the family of the victim, the three passengers along with the driver of the vehicle, Aalam, were arrested by the UP Police, and a case under the Unlawful Activities Prevention Act (UAPA) was filed on them. Months later, P. Sainath, a leading journalist of the country, said the “Siddique Kappan case is one of the most outrageous, shameful and unpardonable abuses and action against a journalist that I have seen in 40 years in the profession.”
A few days ago, the contents of the case’s charge sheet running into 5,000 pages, filed by the UP Police in April 2020, has sparked a new spate of reactions across media.
In December 2020, the UP Police had told the Supreme Court that Kappan was only “posing” as a journalist. They further alleged that Kappan was a secret member of the Popular Front of India (PFI), an Islamic organization that the UP government wants to ban. The charge sheet now states that the “journalistic work of Kappan is replete with attempts to incite communal violence and instigate the Muslims to take violent actions.”
At a press conference held in Press Club of India, New Delhi on October 5, Delhi University Professor Apoorvanand said, “Recently in Assam, where protests erupted after the state violence and police killing of Moinul Haque, the authorities said that the Popular Front of India is instigating the Muslims to protest. In the case of Kappan too, false PFI links are made to demonize the person. Keeping political opinions aside, PFI has the right to participate in political activities. Why is being part of a legal organization a crime?”
A native of Kerala, Kappan has done extensive reporting for Malayalam media outlets like Tejas, Thalsamayam, and Azhimukham. At the time of his arrest, Kappan was a registered journalist with the Press Club of India and a member of the Kerala Union of Working Journalists (KUWJ). Kappan’s reportage before his arrest included works on the riots in Northeast Delhi in February 2020, NRC in Assam, anti- CAA protests, a report on the jailed professor G N Saibaba and many more.
The 5000-pages charge sheet whose contents were revealed in the Indian Express report states, “In the writing, the Muslims have been portrayed as victims [who] were beaten up by police and were asked to go to Pakistan. It is evident from the writing that it has been done to incite Muslims.”
The charge sheet accused Kappan of furthering the agenda of PFI and sympathizing with Communists and Maoists. The question that arises here is that even if these charges are taken to be true, where is the crime in aligning with political ideologies different from that of the state.
Kappan is currently accused of crimes under the Indian Penal Code 1870, Information Technology (IT) Act, 2008, and three sections of the Unlawful Activities Prevention Act (UAPA), 1367, relating to charges of terrorism, outraging religious feelings, conspiracy, and sedition.
Rajya Sabha member, L Hanumanthaia at the press conference, which was held to mark one year of the unjust incarceration said that “UAPA has to be repealed. How can such a law exist in a democratic country? It seems like we are in an undeclared state of emergency.”
Meanwhile, Kappan’s family, wife and three children, living in Poocholamadu, Vengara, north Kerala, are hanging on to shreds of hope. Kappan’s family and supporters have left no stone unturned in approaching the legal justice system for a fair trial. On October 6, 2020, the Delhi-wing of KUWJ filed a habeas corpus plea in the Supreme Court which was scheduled to be disposed of on March 9, 2020. However, the petition is still pending. Kappan’s wife Raihanath filed a contempt notice against the UP government for non-disclosure of Kappan’s medical condition. This was after Kappan was shifted from All India Institute of Medical Sciences (AIIMS) Delhi to Mathura jail despite the Supreme Court directives to treat Kappan at AIIMS. No action has been taken against UP Police and the trial for the case has not begun.
Similarly, medical treatment is being denied to Atikur Rahman, a scholar-activist, a former member of Campus Front of India (CFI), and a vocal protestor in the anti-CAA movement. In the event held at Press Club of India on October 5, the Delhi University Professor Nandita Narain spoke about why Rahman and Ahmed were targets of the false accusations.
“Student leaders, researchers, and scholars work not just for themselves but because they care for downtrodden, dispossessed, and marginalized people of society. It is no coincidence that they are being attacked,” he said.
Rahman has a heart condition called aortic regurgitation for which he has been receiving treatment since the age of 8. Open-heart surgery was scheduled for November last year, but because of his arrest in October, he has been unable to avail medical facilities. Talking to TwoCircles.net, Rahman’s spouse Sanjida Rahman said, “We had submitted a petition in court to give him treatment at AIIMS Hospital. If he is not given immediate treatment, the repercussions will be very serious.”
Rahman has been taken to the jail hospital several times due to frequent illness. “The authorities are saying that he will be treated in Mathura. But there is no doctor there to do open-heart surgery. Such facilities are not available in small towns,” Sanjida said.
“We have been trying for a year but there has been no hearing for our case. I want you all to be my voice in this matter so that he is taken to AIIMS as soon as possible,” Sanjida said, hoping to reach more people.
“I have 5 children. I am also a heart patient and my mother is diabetic. We need as much support as possible,” she said.
The fourth person travelling with Kappan, Rahman, and Ahmed, was the vehicle driver Aalam, who was also arrested by the UP Police. 30-year-old Aalam had no idea about the purpose of the travel. He was simply doing his daily job. His incarceration highlights the plight of the poor in the country, who often become collateral damage in political games.
Aalam’s spouse spoke to TwoCircles.net, “I married Aalam a year and a half back. Last year he spent in jail. He was simply doing his job. He is not linked to any political organization. Why can’t the government see that? We are just praying for the UAPA charges to be dropped. The next hearing is on October 27 at Allahabad High Court. We want the matter to be resolved then,” she said.
The families of the accused and their supporters have demanded that all four be granted bail, and the UAPA charges are dropped, and that Rahman be given critical medical care immediately.
Nikita D is an intern with TwoCircles.net.