SC gives Siddique Kappan interim bail to meet ailing mother in Kerala, bars media interaction

Granting 5-day bail, SC said Kappan can't give interviews to any media or use social media. He will be escorted by UP Police to and from his mother's house.

Kerala-based journalist Siddique Kappan | Twitter @vssanakan

New Delhi: The Supreme Court Monday granted interim bail to Kerala journalist Siddique Kappan to meet his ailing 90-year-old mother.

Kappan, who was arrested in October last year, was granted a five-day interim bail after four months in custody.

A bench headed by Chief Justice of India S.A. Bobde noted that his “mother is said to be in a critical situation and that she is likely not to survive for many days”.

The court imposed several bail conditions on him after Solicitor General Tushar Meha expressed concerns that Kappan may use the time to garner public support.

The SC bench said that Kappan should visit Kerala only to see his mother, and that “he shall not give any interview to any media, including social media”.

It also ordered the Kerala journalist not to meet any members of the public, except for his relatives and doctors. He will be escorted by officers of the Uttar Pradesh Police to and from his mother’s house.

During the hearing, SG Mehta had expressed his reluctance in granting his consent for Kappan’s bail.

However, senior advocate Kapil Sibal — appearing for the habeas corpus petitioner Kerala Union of Working Journalists (KUWJ) — asserted that Kappan’s mother did not have much time left and could pass away soon.

The court dismissed SG Mehta’s apprehensions, saying, “We don’t think a man, whatever he may be, will lie about his dying mother.”

Kappan was arrested on 5 October last year while he was on his way to Hathras to report on the alleged gang rape and death of a Dalit woman.

The FIR against Kappan, registered on 7 October in Mathura, charges him with sections 124A (sedition), 153A (promoting enmity between different groups on grounds of religion, etc) and 295A (deliberate and malicious acts, intended to outrage reli­gious feelings of any class by insulting its religion or reli­gious beliefs) of the Indian Penal Code (IPC), along with provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Information Technology Act.

Habeas corpus pending for over 4 months

A day after Kappan’s arrest on 5 October, the Kerala Union of Working Journalists (KUWJ) had filed a habeas corpus petition, challenging his custody. The petition argued that the arrest was illegal and unconstitutional and contended that Kappan’s detention violates his fundamental rights under articles 14 (right to equality), 19 (freedom of speech and expression) and 21 (right to life) of the Constitution.

However, this habeas corpus has been pending before the apex court for over four months now, along with his regular bail application that was filed more than three months ago.

He had filed an interim bail application late last month, citing his mother’s ill health.

The application stated that Kappan’s 90-year-old mother is “bedridden and extremely unwell” and has been “repeatedly demanding to talk” to her son.

“Whenever she gains consciousness, she is demanding to meet her son, and requesting everyone that it is the last wish of a Mother to see her son,” it added.

The issue of Kappan’s mother’s health had come up during the last hearing on 22 January, when Sibal demanded that Kappan be allowed to have a video conference with his mother. The court allowed this plea and adjourned the matter.

However, the application for interim bail noted that while the Mathura jail officials arranged a 10-minute video call with Kappan’s mother on 28 January, she “could not respond or look at the screen of the mobile, as she is presently very critical and in Hospital”.