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

You may be supremely happy that your Freedom of Religion Bill has received the President's assent and has now come into force in Maharashtra. But there is an irony that you may not have noticed.
apicture A. J. Philip
31 Aug 2026
India's children are discovering the power of protest. Their demands are modest. Safe classrooms, clean water, toilets, teachers and dignity. If governments silence those who expose these failures rat
apicture Jacob Peenikaparambil
31 Aug 2026
Gonsalves was born on April 5, 1954, in Munnar, nestled in the Western Ghats in Idukki District of Kerala, into a prominent Anglo-Indian family from Pallippuram in Kochi's Vypin. He was the eldest son
apicture Renjith Leen
31 Aug 2026
A "church-free Odisha" must not become a cause for fear or retaliation. Christians must respond with truth, courage and peace, remembering that our strongest witness is faithful service: building brid
apicture Archbishop John Barwa, SVD
31 Aug 2026
Vande Mataram once united Indians against colonialism. Its appropriation today seeks to turn a shared national symbol into a test of Hindu nationalism and patriotism, diverting attention from governan
apicture Oliver D'Souza
31 Aug 2026
Recent cases of infants abandoned in Haryana, Karnataka and Jharkhand expose a legal system built for children who can speak, not infants who cannot. Strict criminal penalties for abandonment push par
apicture Vidyadhar Prabhudesai
31 Aug 2026
The smartphone may be the millstone of our age: a pocket-sized idol that promises connection but breeds distraction. When we surrender ourselves to its endless pull, children learn to imitate us. True
apicture Fr. Anil Prakash D'Souza, OP
31 Aug 2026
Dolly's faith was heard not only in gospel songs but also in her generosity. Through her Imagination Library, she placed millions of books into the hands of children. She did not merely sing about lov
apicture Robert Clements
31 Aug 2026
A democracy must distinguish between an armed insurgent and a questioning citizen. Calling critics, students, academics or activists "Dimaagi Naxals" is unacceptable. Strength lies not in silencing di
apicture Dr Martin Valiyaparambil VC
24 Aug 2026
As I watched, I could not help remembering the interview I did with your father, NKP Salve, for Jain TV in the 1990s. Goswami, I presume, was then still "studying for some time in a Jesuit-run school,
apicture A. J. Philip
24 Aug 2026