The Hindu Editorial Vocabulary– Sep 12, 2022; Day 354

Relief, at last: On bail to journalist Siddique Kappan  

The Supreme Court has exposed the tenuous (Lacking substance) nature of the Unlawful Activities (Prevention) Act case against journalist Kappan 

Even for a system in which foisting (Insert surreptitiously or without warrant) of false cases is not uncommon, the prolonged imprisonment of journalist Siddique Kappan in Uttar Pradesh was quite an egregiously (Conspicuously bad (used negatively); shockingly) malevolent (Wishing or appearing to wish evil to others; arising from intense ill will or hatred) instance. In directing his release on bail, subject to conditions that are not onerous ((of a task) requiring hard or challenging work), the Supreme Court has rightly bypassed the bail-denying feature of the Unlawful Activities (Prevention) Act by posing pertinent (Having precise or logical relevance to the matter at hand) questions and concluding that there was no reason for keeping him in custody any further. Mr. Kappan was arrested in October 2020 while he was on his way to Hathras, where a Dalit girl had been gang-raped and murdered. In a baffling (Making great mental demands; hard to comprehend, solve or believe) move that could only be explained as an attempt to divert attention from the public outcry (A loud utterance; often in protest or opposition) caused by the incident and float a conspiracy theory with communal overtones ((usually plural) an ulterior implicit meaning or quality), he was charged with plotting a divisive campaign in the area. And to ensure that he was kept in prison for a long time, the police invoked provisions of the anti-terror law — ones that related to raising funds for a terrorist act and a conspiracy to commit it — besides penal provisions concerning promoting enmity between communities and outraging (Strike with disgust or revulsion) religious feelings. He was described as a member of the Popular Front of India. Pamphlets calling for justice for the victim and literature in English (which turned out to be instructions given in English for use in the ‘Black Lives Matter’ protests in the United States), were cited as material to implicate (Bring into intimate and incriminating connection) him.

It is to the credit of the Bench under the Chief Justice of India, Justice U.U. Lalit, that it did not go by the usual penchant (A strong liking) for citing Section 43D(5) of the UAPA to deny bail. The provision contains a legal bar on granting bail if the Court is of the opinion that there are reasonable grounds to believe that the accusation against those held is prima facie (As it seems at first sight) true. A 2019 judgment forbids (Keep from happening or arising) a detailed analysis of the evidence at the bail stage. However, a common-sense approach to the facts of a case may lead to a better appreciation of the question of bail. By orally asking how raising one’s voice in support of justice for a victim would amount to a crime and wondering why a person planning to foment (Try to stir up public opinion) communal violence would use pamphlets in English written for a protest in another country, the Bench proved the shaky foundations of the whole case. The bail order demonstrates how a clear-headed approach can help judges relieve officials and political leaders of their smug (Marked by excessive complacency or self-satisfaction) belief that by invoking anti-terror laws, they can keep disfavoured accused in prison for long years without any basis. At the same time, it reflects poorly on the judiciary that it took two years for the courts to grant liberty to Siddique Kappan. One should hope that this order will send a message down the judicial hierarchy on how courts should not allow the police to persecute (Cause to suffer) people through stringent (Demanding strict attention to rules and procedures) laws.

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