Thread by @barandbench

CJI SA Bobde led bench to shortly hear a plea by Kerala Union for Working Journalists (KUWJ) seeking release of journalist Siddique Kappan on interim bail for five days to meet his 90-year-old ailing mother, Kadija Kutty.
#SupremeCourt
#hathras
#SiddiqueKappan

The application in the #SupremeCourt stated that an earlier attempt to arrange a video conference with Kappan's mother could not materialise as she was "weak and extremely sick at the scheduled time."

Advocate Wills Mathews: Senior Advocate Kapil Sibal is appearing

@KapilSibal : We filed a new application

SG Mehta: we need to file a reply

Sibal: Mother could not talk in the video conferencing. The doctors have said she will be alive for the next two or three days

CJI: Where is the mother?

Sibal: Kerala.

SG: the ground which is raised is tempting for even me to agree. Let me reply by tomorrow

CJI: What is tempting in this. One wants to see his mother for last time

SG: there are posters for him and to treat him like a martyr

CJI: we will see that it does not happen and the we will not grant bail

SG: In the 30 minute discussion the mother could not even recognize the son

CJI: we are on his mother and not any political matter

SG: medical urgency is being projected. This is not fair. If she dies what will you do. We are not on his political antecedents

Sibal; He will not runaway

SG: You perhaps don't know what is happening in Kerala?

CJI: tell us what is happening?

SG: article 32 is not maintainable. The court is now considering this on humanitarian grounds

CJI: we are totally on that and possible death of the mother

SG: as far as we know the mother is not ad serious as being projected. PFI is banned and a person belonging to is found carrying material spreading communal and caste hatred. Four mothers were apprehended which included Kappan.10 lawyers appeared for Kappan. His bail was rejected

SG: there are posters in Kerala and the wife of Kappan is collecting money on his name as if he is a martyr. He is described as successor of Haji something who is responsible of a massacre. When he goes political opinions would be formed etc

CJI: We are taking Mr Sibals proposition as face value. We will not allow him to get paraded

Sibal: We can give the armed guards

CJI: We will ensure he is not paraded, has an armed guard and only stays homes, does not give interviews and then comes back to jail again

CJI: Whoever be the man he is not likely to lie of his mother's imminent death. If this false then we will never entertain such petitions ever in the future.

SG: this is a very well thought out ground by petitioner to circumvent the legal process. He knows what is there

CJI: you can whatever you want to do with him as per law.

SG: let the visit be only for two days and be only at home.

Sibal: The Solicitor-General should not stand in the way. You can say no application after that

CJI orders: #BREAKING

@KapilSibal makes a plea that detenue be allowed to visit Kerala as mother is in critical condition. She is not likely to survive for long. In these circumstances we consider it appropriate to permit Siddique Kappan to visit his mother & return after 5 days

CJI: SG states Kappan may be paraded in public and gather support for his activities which are otherwise against the law. We are of the view that in interest of justice sufficient safeguards can be imposed on detenue for the proposed visit
#SupremeCourt

CJI: we accordingly permit Siddique Kappan to visit Kerala for 5 days only with the purpose of seeing his mother. During this visit, he shall not give any interviews to any media including social media. He shall not meet members of the public except his relatives

CJI...and doctors and anybody else in connection with mothers health. He shall be escorted by a team of officers from @Uppolice . The Kerala police shall cooperate with UP Police in the matter.

CJI: It shall be responsibility of UP Police to ensure detenue travels to and from mothers house

CJI: the police in Kerala shall guard the house and not remain present when detenue meets his mother.

SG: please state that he will not come our of the house

CJI: What is this Mr Mehta? There are police officials there. We are not sending him to jail

Sibal: If he has to go to the funeral then what will he do?

SG: he is not in detention. He is a prisoners.

CJI: we will mention his name everywhere in the order.

SG: this is an emotional appeal and abuse of the process of law.

CJI: this order is without prejudice to the substance of the main plea

#SupremeCourt

Breaking: Supreme Court allows journalist Siddique Kappan to visit his ailing mother in Kerala for five days

[FULL STORY] by @DebayonRoy

#siddiquekappan #SupremeCourt

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