Relief, At What Cost?

Dr Suresh Mathew Dr Suresh Mathew
19 Sep 2022
At last bail has been granted to Siddique Kappan and Teesta Setalvad. Kappan was in jail for nearly two years; Teesta for over two months.

At last bail has been granted to Siddique Kappan and Teesta Setalvad. Kappan was in jail for nearly two years; Teesta for over two months. Though Teesta walked out of the imposing gates of an Ahmedabad jail, Kappan has not been fortunate enough to do so as an Enforcement Directorate case is pending against him. 

The news of bail soothes the ears and comforts the hearts of those who have been agitated over the vindictiveness of the government against the two -- one a rights activist and the other a journalist. However, crucial questions beg to be answered as their arrests, and prolonged incarceration, have wider implications. 

The Supreme Court’s observation that every citizen has the right to free expression is a slap on the Uttar Pradesh police which arrested the journalist who was on his way to Hathras to report on the gang-rape and murder of a Dalit girl there. He was charged under the stringent Unlawful Activities (Prevention) Act (UAPA) accusing him of inciting violence. 

The malicious mind of the government and its police was exposed when the court told on the face of the prosecution that it has not shown anything against Kappan that was provocative. Similarly, Teesta, who was charged with forgery and criminal conspiracy related to 2002 Gujarat riots, was granted interim bail on four grounds. 

The arrest and imprisonment of Kappan and Teesta bare the malevolent and mala fide intentions of the government and its agencies to foist rigorous sections of UAPA on those who are perceived to be dissenters and working against the powers-that-be. The bail and the Court’s observations are a rap on the knuckles of the law-enforcing agencies who are apparently working at the behest of their masters; it is a signal to the prosecuting agencies that imprisoning people for long duration without bail is against the spirit of the law. It also speaks poorly on the judiciary that it took two years for Kappan to get bail though the prosecution could not provide any substantial evidence against him. The same is true for Teesta too.

The oral observation of the Court, as to how possession of pamphlets could be construed as one’s involvement in violence or incitement to violence, has far-reaching impact on the pending cases in which scores of people are languishing in jail, without bail, for years together.

In the case of late Stan Swamy, or others who are in jail, in connection with the Bhima-Koregaon case, the investigating agencies have shown possession of leaflets and letters as ‘clinching’ evidence against the accused. Intriguingly, in some cases, it has come to light that the agencies had surreptitiously planted those evidences on the computers of the accused. 

The relief to Kappan and Teesta, though came belatedly, could become a precedent in cases in which people are jailed on ‘trumped up’ charges. It is a message to the judiciary at all levels that people should not be allowed to be persecuted, disallowing them bail. It is pertinent to listen to what Justice H. R Khanna, in a dissenting judgment, wrote, many years ago: “The rule of law is the accepted norm in all civilised societies. Everywhere it is identified with the liberty of the individual. It seeks to maintain a balance between the opposing notions of Individual Liberty and Public Order.”

Siddique Kappan Teesta Setalvad rights activist journalist Supreme Court right to free expression Uttar Pradesh police Unlawful Activities (Prevention) Act 2002 Gujarat riots Stan Swamy Bhima-Koregaon case rule of law Individual Liberty Public Order Issue 39 2022 Indian Currents

Recent Posts

Zohran Mamdani's ascent to New York's mayorship signals a global shift towards compassion, inclusion, and social justice. His victory shows that we can still triumph over hate and authoritarianism and
apicture Jacob Peenikaparambil
10 Nov 2025
At a time when Nehru's legacy is being vilified by the right-wing regime, it is vital to recall how his visionary policy of non-alignment and moral diplomacy elevated India's global stature, preventin
apicture G Ramachandram
10 Nov 2025
In honouring St John Henry Newman as Doctor of the Church, Pope Leo XIV rekindled a light that once guided Mahatma Gandhi. Across religions and continents, both men sought Truth amid darkness. They ar
apicture Cedric Prakash
10 Nov 2025
The 5th brainstorming session aimed to combat the "Minority Syndrome" and tackle the challenges of postmodern, intolerant situations in the Indian context.
apicture Francis Sunil Rosario
10 Nov 2025
India's 8,000 empty schools expose a collapse of purpose. Education isn't about buildings or statistics - it's about learning, trust, and accountability. A school without students mirrors a nation for
apicture Jaswant Kaur
10 Nov 2025
As education faces the twin storms of digital disruption and cultural fragmentation, Salesian Higher Education is quietly charting a new course rooted in synodality, co-responsibility, and fidelity to
apicture CM Paul
10 Nov 2025
Children's Day is more than a celebration — it is a conscience. In a world where one billion children face poverty, abuse, or neglect, protecting them is a duty, not charity. A society that fails its
apicture Fr. Royston Pinto, SJ
10 Nov 2025
The tragic suicides of youths blackmailed with AI-generated images highlight a growing and urgent crisis. Digital literacy, vigilance, and empathy are now essential life skills. Parents, schools, and
apicture Richa Walia
10 Nov 2025
Hilarious — and at times deeply troubling — claims are being circulated by some self-styled "andh-bhakts" to discredit the well-documented Mughal origin of the Taj Mahal. These attempts to recast it a
apicture Balvinder
10 Nov 2025
In this month of remembrance—when we honour the souls of the departed and contemplate the mystery of death—these thoughts come not as shadows, but as lanterns.
apicture Prince Varghese
10 Nov 2025