Breaking: Supreme Court Grants Five Days Interim Bail For Siddique Kappan To Visit His Ailing Mother

The Supreme Court on Monday allowed the interim bail application filed by Kerala Union of Working Journalists, seeking release of journalist Siddique Kappan, citing critical health condition of his 90 years old bed-ridden mother and her last wish to see her son."It is submitted that the mother is said to be in a critical situation and that she is likely not to survive for many days. In these circumstances, we consider it appropriate to permit Kappan to visit his mother and return to prison at the end of the 5th day," the bench led by CJI SA Bobde ordered.The Bench clarified that the order is passed on an emotional appeal and will not prejudice the objections of UP against the maintainability of the KUWJ petition. The bench further recorded that Solicitor General expressed a grave apprehension that Kappan is likely to use this opportunity to get himself paraded in public and gather support for his activities, which are otherwise against the law. The bench thus directed that it is in the interests of justice that sufficient conditions are imposed on Kappan and appropriate safeguards are built into the order for the proposed visit. The Bench ordered:"We permit Kappan to go to Kerala only for the purpose of seeing his mother. During the visit, he shall not give any interview to any media, including social media."Other bail conditions are as follows:He shall not meet members of the public except his relatives and doctors and anybody else in connection with his mothers health.He shall be escorted by a team of officers UP Police. Police at Kerala shall cooperate with the UP Police. It shall be the responsibility of UP police to ensure the detenu's travel to and from his mother's house. The CJI further made it clear that the Police shall protect Kappan's house from outside and should not be present when he interacts with his mother.Courtroom ExchangeDuring the hearing, Senior Advocate Kapil Sibal (appearing for KUWJ) told the Supreme Court that a video call was arranged with the mother of Siddique Kappan on January 28 but she could not respond or even look at the mobile screen as she is presently very critical and in Hospital."Now doctors are saying that one or two days are left. Hospital has given up. Please give five days to visit. Any conditions may be imposed," he added. Solicitor General Tushar Mehta however expressed reluctance in granting his consent on the question for grant of bail. "There are posters coming up as if he (Kappan) is a martyr. Please allow me to come back tomorrow…", the SG requested for a day's adjournment to file a reply affidavit. Sibal however submitted that if more time is granted, Kappan's mother may pass away. "Doctors are saying that one or two days are left," he insisted. The SG however alleged that that Kappan is a PFI activist and the medical grounds, as claimed in the bail application, may not even exist. He pointed out that there is not even a medical certificate produced to show the health status of the mother. He said,"He is associated with PFI which is banned and is being banned in many places. They were trying to incite communal violence… What is happening in Kerala? There are big posters put up as if he is a freedom fighter. His wife is collecting money for him. He has nothing to do with journalism. He was associated with a paper already shut down…" Seemingly unhappy with the SG's submissions, the CJI said, "This is unfair Mr. Mehta. We are talking about the mother." The CJI added that the Court is taking Sibal's submissions as to Kappan's mother's medical condition at face value. He said, "We don't think a man, whatever he may be, will lie about his dying mother."The SG however pressed that the instant application is an attempt to circumvent the regular process. He submitted, "This is a well thought of process thought by the petitioner to circumvent the constitutional process. He has the worst case… He would be paraded publicly. Money will be collected. Will I be justified in consenting?" The CJI however made it clear that the Court will impose adequate bail conditions to make sure that no such thing happens. "We are not going to allow him to be paraded and he does not go anywhere except his house and no interviews," it said. The Court referred to the case of Bangalore blast accused and People's Democratic Party Chairman Abdul Nazar Maudany, who was also permitted to meet his ailing mother in Kerala in 2016."If you remember, there was a person in Bangalore, who was allowed to travel to Kerala under armed guard", the CJI said.The SG finally gave his consent for allowing bail for two days. However, the Court said that it is inclined to grant permission for 5 days.SG : He is a PFI activist. The medical grounds as made out may not exist.CJI : We are talking about the mother. This is unfair Mr.Mehta.— Live Law (@LiveLawIndia) February 15, 2021 The Kerala Union of Working Journalists (KUWJ) has...

Breaking: Supreme Court Grants Five Days Interim Bail For Siddique Kappan To Visit His Ailing Mother

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