The Supreme Court has scheduled November 2 for hearing an application filed by Kerala-based journalist Siddique Kappan seeking the return of his passport, which he deposited with the investigating authorities under the bail conditions imposed in the Hathras conspiracy case.
A Bench of Justice P S Narasimha and Justice Alok Aradhe postponed the proceedings on Tuesday after Uttar Pradesh’s standing counsel, Ruchira Goel, requested time to obtain instructions from the state government.
Goel informed the Court that she had received a copy of Kappan’s application only that morning. Accepting her request, the Bench fixed November 2 as the next date of hearing.
Passport Deposited Under Supreme Court Bail Conditions
Kappan secured bail from the Supreme Court on September 9, 2022, after successfully challenging the Allahabad High Court’s refusal to release him.
The bail order required him to surrender his passport to the investigating authorities and comply with restrictions on his movement and reporting obligations.
The Supreme Court initially directed Kappan to remain in Delhi for six months following his release from prison and report to the Nizamuddin police station every Monday.
After completing that period, he was permitted to return to his hometown of Malappuram in Kerala, subject to weekly reporting at the local police station.
The Court also required him to obtain the trial court’s express permission before leaving Delhi’s jurisdiction and attend trial court proceedings either personally or through his lawyer.
His latest application seeks the release of the passport deposited pursuant to those conditions.
Arrest in Connection With Hathras Case
Kappan was taken into custody on October 6, 2020, while travelling to Hathras in Uttar Pradesh to cover the gangrape and murder of a Dalit girl.
Police accused him of involvement in an alleged conspiracy to provoke communal disturbances following the incident. He was booked under provisions of the Indian Penal Code and the Unlawful Activities (Prevention) Act (UAPA).
The FIR named four individuals suspected of having connections with the banned Popular Front of India. According to the police, the accused intended to disrupt law and order in Hathras.
Before obtaining relief from the Supreme Court, Kappan had unsuccessfully sought bail before a Mathura court and subsequently the Allahabad High Court.
In 2022, the Allahabad High Court rejected his application after considering the allegations, available evidence, nature of the offences, potential punishment and applicable legal principles. The High Court declined to grant bail at that stage without expressing an opinion on the merits of the prosecution case.
Kappan subsequently approached the Supreme Court, which granted him bail subject to multiple conditions.
Background of the Hathras Incident
The criminal case arose against the backdrop of the alleged gangrape of a Dalit girl by four men from her village on September 14, 2020.
The victim died at a Delhi hospital approximately two weeks after the incident.
Her cremation took place during the night in her village, prompting allegations from her family that the authorities had proceeded without their consent and had prevented them from bringing her body home for a final time.
Kappan was arrested while travelling to report on the incident.
The Supreme Court will now consider his request for the return of his passport on November 2.
