The Supreme Court on Monday directed that imprisoned journalist Siddique Kappan be released for five days to meet his critically ill mother in Kerala, rejecting objections from solicitor-general Tushar Mehta.

Kappan cannot give interviews or meet members of the public during the visit home, the apex court said after Mehta claimed the journalist would use the opportunity “to have himself paraded in public and gather support for his activities”.

To Mehta’s suggestion that Kappan’s mother may not be as critical as suggested, Chief Justice S.A. Bobde replied: “Whoever be the man he is not likely to lie (about) his mother’s imminent death. If this is false then we will never entertain such petitions ever in the future.”

Kappan, 41, has been in a jail in Mathura, Uttar Pradesh, since being arrested in early October on terror charges while travelling to Hathras where a Dalit teen had been gang-raped and murdered. He is accused of planning to foment trouble and being a member of the extremist Popular Front of India (PFI), which he denies.

The bench of Justices Bobde, A.S. Bopanna and V. Ramasubramanian passed its order after hearing senior advocate Kapil Sibal, counsel for the Kerala Union of Working Journalists which has espoused Kappan’s cause, and Mehta who was representing the Uttar Pradesh government. The court order said:

• Kappan should be released for five days to go to Kerala and see his ailing mother.
• He must not during the visit give any interview, whether to conventional media or via social media.
• He cannot meet members of the public, but can meet his relatives, doctors and anyone else if it’s in connection with his mother’s health.
• He shall be escorted by a team of Uttar Pradesh police. Kerala police shall cooperate.
• The police may guard the house from outside but must not enter it during Kappan’s visit.

Sibal had told the top court that its earlier order allowing Kappan to talk to his mother over videoconferencing did not fructify since she was extremely sick and feeble at the scheduled time.

He pleaded that Kappan be allowed to meet his mother since she “is not likely to survive for long”.

Mehta cut in: “The ground which is raised is tempting for even me to agree. Let me reply by tomorrow.”

But Justice Bobde shot back: “What is tempting in this – (that) one wants to see his mother for the last time?”

Mehta said there were posters outside Kappan’s home asking he be treated as a martyr.

The Chief Justice said: “We will see that it does not happen and then we will not grant bail.”

Mehta said that during the attempted videoconferencing, the mother could not even recognise the son, prompting Justice Bobde to say: “We are on his mother and not any political matter.”

He added: “This is not fair. If she dies what will you do? We are not on his political antecedents.”

Mehta said the investigating agency did not think the mother’s condition was as serious as was being projected.

“The PFI is banned and a person belonging to it is found carrying material spreading communal and caste hatred,” he said.

“There are posters in Kerala and the wife of Kappan is collecting money (against) his name as if he is a martyr. He is described as the successor (to) a Haji or something who is responsible (for) a massacre. When he goes (home), political opinions would be formed.”

But Justice Bobde said: “We are taking Mr Sibal’s proposition on face value...: We will ensure he (Kappan) is not paraded, has an armed guard and only stays home, does not give interviews and then comes back to jail again.”

Mehta persisted, saying the application was “a very well thought out ground by petitioner to circumvent the legal process”. The bench brushed the objections aside.