The International Press Institute (IPI), on Wednesday, in a recent report demanded immediate release of Kerala based journalist, Siddique Kappan, after his bail plea was rejected recently.
Kappan was arrested Oct 5 on his way to cover a gang rape case in Uttar Pradesh, the IPI said in a series of tweets raising concern over Kappan’s detention. The authorities have accused him of sedition and planning unrest. But IPI spoke with Kappan’s wife, his lawyer and journalist colleagues, who all say he was just doing his job, they added further.
Kappan was been held in inhumane conditions – including while sick with COVID19 – and has faced serious violations of due process and that he was unable to attend his mother’s funeral after she passed away last month.
The IPI has expressed its concern for press freedom in India in the recent statement. Kappan was arrested on October 5, 2020, when he was on his way from Delhi to Hathras, a town in the northern Indian state of Uttar Pradesh, to report on an alleged gang rape and death of a Dalit woman.
The incident caused protests and public outcry all over the country. But before Kappan could reach his destination, he was arrested and jailed. Nine months later, Kappan, who is originally from the southwestern state of Kerala, is still detained under the Unlawful Activities Prevention Act (UAPA) and Information Technology Act, awaiting trial.
Kappan is charged with promoting enmity between groups, outraging religious feelings, sedition, conspiracy and raising funds for a terrorist act.
“Kappan was denied bail on July 6 in the District Court of Mathura”, Kappan’s lawyer, Wills Mathew, told IPI last week. “The next step will be a bail hearing in the High Court. For cases under the UAPA, especially terrorism charges, it is very difficult to get bail in the District Court. We have better chances at getting Mr. Kappan out on bail from the High Court.”
The IPI, in its report has stated that Kappan’s lawyer; his wife, Raihana; as well as an Indian journalist working on the case who requested anonymity all say that Kappan was on his way to the town of Hathras in order to interview the victim’s family – that he was simply trying to do his job as a journalist.
And that Kappan’s family denies ties to extremist group. His wife, Raihana Kappan told IPI that, due to their limited financial situation, her husband’s only affordable way of transportation to Hathras was to try and find a shared car ride with other people going in the same direction.
In the month of April, Kappan contracted COVID-19 in Mathura jail and fell very ill. According to his wife, Kappan was transferred to a hospital in Mathura where the conditions were horrid: Kappan was chained to a bed without the possibility to use the bathroom.
After his family approached the Supreme Court, Kerala Chief Minister Pinarayi Vijayan, and MPs from the United Democratic Front over the situation, Kappan was taken to another hospital in Delhi but soon after transferred back to Mathura jail. According to his wife, Kappan is diabetic and has a heart condition, which makes him a COVID-19 risk patient.
Even though Kappan’s family travelled all the way from Kerala to Delhi to visit him when he was unwell, they were not allowed to see him. Kappan’s mother passed away in June, but Kappan was not allowed to attend her funeral. According to his wife, Kappan still has health issues, such as a broken jaw from falling down in the jail bathroom, but is recovering.
The brutal gangrape and murder of the Dalit woman in Hathras, her forced cremation by the Uttar Pradesh police, and the ensuing protests were widely reported in India – despite efforts by local officials to prevent coverage.
The Uttar Pradesh authorities banned journalists from entering Hathras and didn’t allow the victim’s family to talk to the media for the duration of the investigation. Yet of all the journalists who attempted to cover the case, Kappan is the only one who has faced detention – let alone the horrific treatment and lengthy court proceedings he has endured.
Kappan’s wife and the Indian journalist IPI interviewed suspect that Kappan might have been targeted because of his work. They pointed to critical stories about politics and crime he has written in the past.
“He is a Malayali Muslim and a journalist. That is a deadly combination in this country”, Raihana Kappan said. “Kappan is a journalist and that is most likely part of why he is in custody. Journalists should be able to talk to people from all walks of life and do independent journalism without being targeted by the authorities”, Kappan’s lawyer, Wills Mathew, said.
Kappan’s arrest occurs amid a wider press freedom decline in India. In particular, legal harassment against journalists in India has been on the rise in recent years. Several charges of sedition have been filed against journalists for their critical reporting about the national and state governments in the country.
The COVID-19 pandemic has also negatively affected journalistic freedom. Journalists have been targeted by the authorities for their critical reporting regarding the state’s pandemic response. In addition to legal cases, journalists have been victims of police violence during the lockdown.
“Even anti-government reports in the media are seen as an act of sedition, which are non-bailable offences” Sanjay Kapoor, the editor of Hardnews magazine, told IPI.
“Since the Bharatiya Janata Party (BJP) came to power there has been a spike in the number of sedition cases filed against journalists.” Kapoor noted that the Supreme Court recently overturned a case against a senior journalist and suggested certain safeguards to prevent large scale arrests of journalists.
“Having said that there is one editor, a litigant against sedition laws, in jail for a Facebook post. Actions such as these have a chilling effect on media freedom.” NDTV reported on July 12 that a group of 74 former police officers and bureaucrats wrote an open letter accusing the Uttar Pradesh authorities of violating the rule of law.
The statement brought up, among other issues, arbitrary detentions, police brutality on peaceful protesters, the targeting and discrimination of Muslim men, and misuse of the National Security Act. Kappan’s case was mentioned in the letter as an example of what the signatories said was the Uttar Pradesh government’s bias against Muslims.“
“The IPI calls for the immediate release of Siddique Kappan, and we strongly condemn the unacceptable ill-treatment he has received at the hands of the authorities as well as the apparent deprivation of his basic due process rights”, IPI Deputy Director Scott Griffen said.
“We are extremely concerned that Mr. Kappan was targeted and detained due to his journalistic activity. In the absence of evidence justifying these accusations, all charges against Mr. Kappan must be immediately dropped,” he added further.
“The growing targeting of critical journalists in India is extremely concerning. All journalists in the country must be able to safely cover events in the public interest, without fear of harassment, detention or discrimination,” said Griffen.