JUST TO REMIND, BAIL IS THE RULE OF DEMOCRACY

Jail is not merely an exception; it is a predicament that a mighty state imposes upon a helpless individual 

- KALEESWARAM RAJ

THE Supreme Court, on September 9, passed an order granting bail to journalist Siddique Kappan. He has been in custody since October 6, 2020. The bail now granted is a gesture of compassion with a sense of constitutional duty. It is a moment of relief for many in the media who fought for his release.

The charge against Kappan was that he carried literature demanding justice for the Hathras gang rape victim. Chief Justice U U Lalit, while granting bail to the journalist, emphasised the citizen's right to free expression and propagation of ideas. Justice Ravindra Bhat, who too was on the Bench, indicated that even rape laws in the country were reformed following a public protest.

In the instant case, Kappan was charged under the Unlawful Activities (Prevention) Act (UAPA), along with certain provisions in the Indian Penal Code and the Information Technology Act. But for the charges under the UAPA, he would have been, probably, released earlier. The long delay in his release is also the result of the invocation of the draconian law.

The freedom index of a nation is always discernible from its police stations and prisons. Bail is not merely a rule. It is the rule of democracy. Jail is not merely an exception; it is a predicament that a mighty state imposes upon a helpless individual.

In recent times, with the release of Teesta Setalvad, Mohammed Zubair, Varavara Rao and the like, who were essentially political prisoners and undertrials, the Supreme Court has done well by performing its role, at least to a limited extent.

However, many prisoners of conscience are still languishing in jail for the offence of being dissenters.

In India, the judicial philosophy against unnecessary or vexatious arrest and detention is almost well settled. In Gurbaksh Singh Sibbia (1980), a Constitution Bench of the Supreme Court took a liberal view on pre-arrest bail.