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

On April 9, I was in Karnal as a resource person at the 2026 Delhi Province Assembly of the Indian Missionary Society (IMS), an indigenous order of the Catholic Church. One thing that attracted me to
apicture A. J. Philip
13 Apr 2026
The proposed FCRA Amendment Bill, 2026, has sparked fears that expanded state powers to seize NGO assets may bypass constitutional safeguards, disproportionately affect minority institutions, and shri
apicture Jacob Peenikaparambil
13 Apr 2026
A comforting myth of Congress–Christian affinity masks a harder truth: when justice required administrative fixes, the state acted; when it demanded constitutional courage for Dalit Christians, it hes
apicture John Dayal
13 Apr 2026
The Supreme Court of India affirmed marriage as a partnership of equals, ruling that a wife's refusal to perform chores is not cruelty. By declaring "wife is a life partner, not a maid," it reinforces
apicture Jessy Kurian
13 Apr 2026
Public Interest Litigation transformed access to justice in India, empowering courts to defend the marginalised. As calls to curb it emerge, the debate centres on balancing concerns about misuse with
apicture Joseph Maliakan
13 Apr 2026
Amid the fallout from the Iran war, India's LPG shortage exposes a widening gap between official assurances and lived reality—fuel scarcity, rising prices, and migrant distress reveal a fragile energy
apicture Frank Krishner
13 Apr 2026
The Strait of Hormuz remains a volatile global lifeline, where Iran's "Hormuz Gambit" leverages geography to wield outsized influence—threatening energy flows, unsettling markets, and forcing major po
apicture Fr John Felix Raj & Dr Sovik Mukherjee
13 Apr 2026
In the muddy piece of a Hindu land, Where caste was stitched into human skin, And untouchability carried chains heavier than iron, A child was born beneath a fractured sky Not to inherit the Hindu
apicture Dr Suryaraju Mattimalla
13 Apr 2026
Amid escalating Middle East conflicts, petrodollar power and Zionist geopolitics frame a world gripped by conflict, moral crisis, and competing national visions. Unchecked ambition, ideological absolu
apicture Peter Fernandes
13 Apr 2026
nobody calls a selfish person aunty with affection. That title, in our country at least, comes with invisible expectations. To care. To guide. To smile even when the knees protest.
apicture Robert Clements
13 Apr 2026