SC BENCH DIRECTED THE UP GOVERNMENT TO SHIFT JOURNALIST SIDDIQUE FROM MATHURA JAIL (UP) TO A GOVERNMENT HOSPITAL IN DELHI FOR MEDICAL TREATMENT

28th April 2021

An SC bench comprising of Chief Justice NV Ramana, Justices AS Bopanna and Surya Kant directed the UP government to shift Journalist Siddique Kappan from Mathura Jail (UP) to a government hospital in Delhi for medical treatment. The bench gave this direction after hearing a habeas corpus petition by the Kerala Union of Working Journalists and a letter by Mr Kappan's wife seeking Kappan's release. They clarified that after recovery, Mr Kappan would be transferred back to Mathura Jail.

SG Tushar Mehta, appearing on behalf of the state of UP, opposed the direction given by the Hon'ble bench and submitted that Mr Kappa and more than 100 prisoners in Mathura Jail who were suffering from Co-morbidities and are finding it difficult to get a bed. SG made various other arguments regarding the press card of the newspaper called THEJUS carried by Mr Kappan. SG also contended that Thejus connected with the Popular front of India (PFI), which was banned in many states. SG also attacked the maintainability of the Habeas Corpus.

Adv Mathew submitted that Mr Kappan was a low profile journalist with a salary of 20k to 25k per month. He cannot be painted as a culprit merely based on his association. He further emphasised the UAPA case, which was solely based on wild baseless arguments.

Lastly, the bench gave the direction on the humanitarian angle.

Author: Papiha Ghoshal

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