New Delhi: The Supreme Court asked Tuesday the Uttar Pradesh government to submit medical records of journalist Siddique Kappan. He was arrested last year on way to Hathras where a young Dalit woman had died after being allegedly gang-raped. Kerala Union of Working Journalists (KUWJ) alleged that Siddique Kappan has been chained to a cot in the hospital. He was admitted to the hospital after falling in the bathroom and later testing positive for COVID-19.
The UP government refuted allegations that Kappan has been chained to a cot at the hospital. It said it would file a short reply on his medical records by tomorrow (Wednesday).
A bench of Chief Justice NV Ramana and Justices Surya Kant and AS Bopanna asked Solicitor General Tushar Mehta to file the medical records by Wednesday. Mehta is appearing for the Uttar Pradesh government,
At the outset, Mehta said he had preliminary objection to the habeas corpus petition filed by KUWJ. This is because Kappan has been in judicial custody under the judicial order. He said the habeas corpus petition was not maintainable in the case where an accused is under judicial custody.
Advocate Wills Mathew, appearing for KUWJ, said that April 20 Kappan fell in the bathroom and he tested positive for COVID-19 April 21. He added that besides the reliefs being sought, Kappan should also be allowed to talk to his mother via video conference.
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The bench was facing difficulty in hearing the arguments due to connectivity issue. So it adjourned the matter for Wednesday.
“When we are adjourning the matter for detailed hearing for tomorrow, why are you making arguments now,” the bench told Mathew.
Kappan’s wife recently wrote to CJI Ramana seeking his immediate release from the hospital. She alleged he is ‘chained like an animal in a cot’ there. Raihanth Kappan claimed that her husband was shifted to KM Medical College, Mathura, April 21. He is presently ‘chained like an animal in a cot of the hospital, without mobility, and he neither could take food, nor could go to toilet for the last more than 4 days, and is very critical’.
The top court had sought November 16 last year a response from the Uttar Pradesh government on the plea challenging the arrest of the journalist.
The FIR has been filed under various provisions of the IPC and the Unlawful Activities (Prevention) Act (UAPA) against four people having alleged links with the Popular Front of India, or PFI. The body had been accused in the past of funding protests against the Citizenship (Amendment) Act across India. The KUWJ had filed a habeas corpus petition in the top court against his arrest and immediate release from ‘illegal detention’.
The police had said it arrested four people having links with the PFI in Mathura. They were Kappan from Malappuram, Atiq-ur Rehman from Muzaffarnagar, Masood Ahmed from Bahraich and Alam from Rampur.
Kappan was arrested on way to Hathras, which has been in the news following the death of a 19-year-old Dalit woman who was allegedly gang-raped September 14, 2020, in a village in the district.