Journalist Siddique Kappan and three others were arrested by Mathura police on October 5, while they were on their way to a village in Hathras to meet the family members of the Dalit girl, who had died in a Delhi hospital while undergoing treatment after she was gangraped in her village.

Kappan’s arrest had received significantly less attention, from media and politicians compared to that of Republic TV anchor Arnab Goswami. Bharatiya Janata Party leaders, including most members of the central cabinet, had been vocal in support of Goswami after his arrest, who is known to be pro-government. Goswami had been held in connection with abetment to suicide case dating back to 2018.

The Kerala Union of Working Journalists (KUWJ) had filed a writ petition of Habeus Corpus in the Supreme Court, seeking its directions to urgently hear Kappan’s bail petition and asking that he be allowed regular video calls with his family members and lawyers.

Raihanath, wife of Siddique Kappan said, “Our own minister in Delhi, [Minister of State for External Affairs & Parliamentary Affairs] V. Muraleedharan, decried the arrest of Goswami and called it an assault on freedom of the press. But he did not spare a thought for a man from his own state who has been locked up in a jail in UP”.

As per the court records, a case was lodged at the Maant police station in Mathura against Kappan and the three others on various charges, including under the Unlawful Activities (Prevention) Act, and IPC sections 124-A (sedition), 153-A (promoting enmity between groups on the ground of religion, race, etc) and 295-A (deliberate and malicious acts intended to outrage religious feelings). They were sent to judicial custody by a Mathura court.

Mathura Court on Friday had dismissed the bail plea of three persons, booked on charges of sedition and terrorism after their arrest there along with the journalist from Kerala, Siddique Kappan.

Additional District Judge Mayur Jain had rejected the bail pleas of Atiqur Rahman, Aalam and Masood saying that the charges against the accused are serious and that they cannot be released on bail at this juncture when the investigation into the case is still going on.

Senior advocate Kapil Sibal while arguing for the journalist said, “The FIR does not disclose any offence against him. He has been in jail since October 5. When we went to the magistrate asking for permission to meet the journalist, they asked us to go to the jail.”

CJI SA Bobde, who was hearing the case on Monday, said that notice is being issued to the UP government. The matter will again be heard on Friday. The case was initially probed by the Crime Branch of Mathura police but was later transferred to the Uttar Pradesh Special Task Force.

After the rejection of the bail plea of the three, their defense counsel Madhuban Datt Chaturvedi told PTI that his clients would now move the high court for bail. He said that his client Atiqur Rahman was denied bail although he is suffering from a serious ailment. He also added that the court gave weightage only to the prosecution version or alibi, ignoring the defence counsel’s argument.

Kappan was charged under Unlawful Activities (Prevention) Act (UAPA) for his alleged links with the banned outfit Popular Front of India (PFI).

Senior lawyer Kapil Sibal who appeared in Supreme Court for Kerala Union for Working Journalists asked the court to give bail to the arrested journalist.

SC bench headed by Chief Justice SA Bobde told Kapil Sibal that their application seeking permission to meet Siddique Kappan on October 16 was rejected. “The court asked our lawyers to go to jail to meet him. But the jail officials refused to allow it and asked them to move the court. However, the application was rejected,” Sibal said.

Raihanath said that their application seeking permission to meet Siddique Kappan on October 16 was rejected. She added, “The court asked our lawyers to go to jail to meet him. But the jail officials refused to allow it and asked them to move the court. However, the application was rejected.”

She said that she believes in the judicial system and wants the truth to come out. She added, “They have charged him under the UAPA for going to report the death of a 19-year-old. It seems like a political plot against my husband. I will fight till justice is served. He is the sole breadwinner of my family. We do not know what all charges will be added now.”

Just like recently arrested Siddique Kappan, Sudha Bhardwaj, a lawyer and an activist from Chattisgarh, Shoma Sen, a Human rights activist, Gautam Navlakha, another Human rights activist and a member of People’s union of democratic rights and many others are spending time in remands with almost zero interest from courts to deal with their pleas. It should come as a shocker that Shoma Sen has been in jail for more than three years with next to nil interest from the courts to hear her case. The inclination and the speed shown by courts, especially the SCI in Arnab’s case are completely absent in  other cases where the ‘accused’ are visibly in ideological opposition to the regime.

Hence, the question asked by family of Kappan, ‘are we not citizens’ is pertinent for a wider audience among citizens who value the basic right to be heard.