'Just think of this innocent man who had to suffer so much.'
'Who will compensate for the physical and mental torture Kappan had to go through in the last two years though he has not done any crime?'
Sidhique Kappan was a Delhi-based journalist working for Azhimukham, a Malayalam Web portal before he was arrested by the Uttar Pradesh police in Mathura when he was on his way to Hathras to meet the family of the Dalit girl who was allegedly raped and murdered.
Kappan was arrested under section 17 of the Unlawful Activities (Prevention) Act that dealt with raising funds for terrorist acts.
The UP police then alleged that he had links with the Popular Front of India, a Muslim organisation based out of Kerala, and charged him with sedition and provisions of the UAPA.
A case was registered at the Chandpa police station in Hathras on October 5, 2020 alleging that he was part of a conspiracy to instigate riots along caste lines and defame the UP government over the rape-and-murder case.
Thus began Raihana Kappan's fight to get her husband released.
A young woman who had till then lived a quiet life looking after her family and children was forced to come out and fight her own battle.
Of course, her husband's many journalist friends and so many known and unknown people were there to support her.
Rediff.com's Shobha Warrier first spoke to her in November 2020, a month after Kappan was arrested. She was articulate and put forward her arguments lucidly.
She told Shobha then, "My only hope today is the Supreme Court".
But her hopes were dashed when the Supreme Court adjourned Kappan's bail plea to January 21, 2021.
A shaken Raihanath then asked Shobha, "Is there no justice in the country?"
When she didn't see any hope even after six months, she was devastated.
Her voice became feeble, and it broke several times when she spoke to Shobha in April 2021. Months later, when Shobha called her in December 2021, she asked, "What pleasure do politicians get by keeping innocents in jail?. What do they gain from making the lives of three children miserable? What do they gain from making a wife cry day and night?"
Finally, on the 9th of September, 2022, the Supreme Court granted Sidhique Kappan bail.
The court said he would remain in Delhi for six weeks following his release and report to the local police station every Monday.
After six weeks, he could travel to his native place, Malappuram in Kerala, but would continue to report at the local police station there too.
Raihanath was in Delhi when the verdict came and she was hopeful of his release soon.
When Shobha spoke to her on the 13th, she was just back home from Lucknow, and was still waiting for the day Kappan will be out of jail.
"Now, I feel a bit relieved that he will be out of jail soon. After that, we have to take care of so many things including the financial matter before the trial starts.
"You know he was the only earning member of our family," she tells Shobha.
Though the Supreme Court granted bail to Kappan, he is still in jail. Are you disappointed that his release is getting delayed again?
Of course, I am disappointed. The procedures followed in UP is a bit difficult.
They need someone residing in UP to stand as surety but we don't have anyone there to stand as surety.
When our lawyers asked whether a personal bond would do, the trial court wanted a local person as surety. That's why his release is getting delayed.
What are you going to do now?
Our lawyers are searching for someone who will stand surety. Then the bail for UAPA will be complete.
After that comes the ED case, and the court had set September 19 for hearing, but our lawyers are trying for an advancement of the date.
You were in Delhi for the Supreme Court hearing. It was reported that in the affidavit filed by the UP government, a Malayali journalist as the witness had said that if Kappan came out, his life would be in danger.
Were you worried because of this? Or, were you hopeful this time?
If you ask me whether I was worried, yes, I was worried. At the same time, I was very hopeful too.
I believed the Supreme Court would see through the lies propagated by the UP government.
I was standing there in court waiting for the judge to read the verdict.
I didn't know I was under so much tension, but the lawyers on seeing my nervous face, started asking me whether I wanted water.. whether I wanted to sit down...
They consoled me saying it would be fine and I need not worry.
It was also reported that the Malayali journalist complained about you making allegations against him...
I think in the affidavit, he spoke about me threatening him! I don't know where and when I threatened him.
I searched everywhere, but I couldn't find any such threats made by me.
They have used my Facebook posts as evidence. But I have not made any threats to this man in any of my Facebook posts.
After reading the chargesheet, Newslaundry came out with a report exposing the two Malayalis who had given evidence against Kappan.
I have only shared the news report on my Facebook page.
Who else will share such a report but me? Who else will help my husband but me?
I do not know this person. I have not met him also. I have no authority to punish him.
There is a law in this country to punish those who give false evidence.
The affidavit talks about Rs 45,000 as unaccounted money in Kappan's account. Is it not baffling that when you hear about crores of rupees being squandered by many, here they are questioning Rs 45,000?
They say that Rs 45,000 was deposited in his account in two instalments, Rs 25,000 first and then Rs 20,000. It is quite clear from where and why the amount was deposited.
But these people say it was the Popular Front that gave Kappan the money. What evidence do they have? Nothing.
They are just saying so many lies, and people think those lies are true.
Even an ordinary person can understand that the allegations made in the affidavit are pure nonsense.
How did you manage the court expenses so far? You have Kapil Sibal arguing for you and your lawyers have to shuttle between Delhi and UP many times...
Kapil Sibal Sir is arguing for us for free. If I have to pay for a well-known lawyer like him, what will I do?
When the habeas corpus petition was filed itself, Kapil Sibal Sir was convinced that Kappan was only working as a journalist and he was arrested wrongly.
Because he believed in Kappan, he told KUWJ (the Kerala Union of Working Journalists) that he would take up the case.
When Kappan didn't get bail in the High Court, he had promised us that if it came to the Supreme Court, he would argue for Kappan.
He had told us then, 'If I am alive, I will argue for him.'
When you met Kapil Sibal just before the trial this time, what did he tell you?
He was very hopeful. When he read the chargesheet which was full of lies, he laughed aloud. He consoled me and said, not to worry.
Similarly, Dushyant Dave Sir also told us that he was there for us for free.
While Philip Mathews was the journalists union's lawyer, I had Haris Beeran Sir as Kappan's lawyer.
Kappan knew Haris Beeran Sir personally since he had covered the Supreme Court cases for his newspaper.
A relative of mine, Danish Mohammed, who works for Beeran Sir, has been with me throughout. He has been a big strength for me.
As Haris Beeran Sir was taking care of the case, we have to pay his fees. But he said, we could pay later.
From the first time we spoke, you have been saying that you believed in the Supreme Court. But it took two years for the court to grant Kappan bail...
Two years is not a small period. Just imagine, a man who has not done anything wrong has been in jail for two years. Without any trial.
Even now, the bail process has not been complete. He is yet to come out of jail, and I am yet to see my husband.
Even when he gets bail, it is only bail; not a verdict that he is innocent. The fight continues...
In the last two years, nothing happened, but he remained in jail.
Only when the trial takes place, you will know whether a person is guilty or not, but without any trial, people like Kappan are inside jail.
Not for one day or one week or one month; it has been two years.
It is not just Kappan, many, many, people unknown to the outside world are there languishing in jail, without any trial. Who will give them justice?
Now, I feel a bit relieved that he will be out of jail soon. After that, we have to take care of so many things including the financial matter before the trial starts.
You know he was the only earning member of our family.
Forget about the struggle my children and I went through in the last two years.
Just think of this innocent man who had to suffer so much.
Who will compensate for the physical and mental torture Kappan had to go through in the last two years though he has not done any crime?
Can anybody give Kappan those two years back?
Nobody, not the government or the police will be able to give us those two years back.
He lost his mother, but he was not even able to be with her when she breathed her last. Will he ever be able to forget this?
You showed exemplary strength fighting for your husband...
Till Kappan's arrest, I had no idea about courts or cases.
I had not done anything like this before in my life, but I realised I had to come out and fight for my husband's freedom.
When something as big as this fell on me, I decided that I would continue fighting till I got my husband back. I told myself I would not back out or accept failure.
I do not know from where I got the strength. Of course, there were times when I thought I would collapse but I didn't.
Perhaps God gave me the strength to stay strong and fight till the end.
Feature Presentation: Aslam Hunani/Rediff.com
