Siddique Kappan is a contributor to a popular Kerala-based website. (Archive)
New Delhi:
On Monday, the Supreme Court issued a notice to the Uttar Pradesh government seeking its response to a petition calling for bail and challenging the arrest of Kerala-based journalist Siddique Kappan.
Mr. Kappan was arrested on October 5 while on his way to Hathras in Uttar Pradesh to report the alleged gang rape of a 20-year-old woman who died from her injuries. The journalist was charged under the UAPA antiterrorist law or the Illegal Activities (Prevention) Law.
The Kerala Journalists’ Workers Union filed the petition in accordance with article 32 seeking constitutional redress for the violation of fundamental rights.
The petition seeks “the fulfillment of basic rights” of Mr. Kappan, including legal aid and access to the family. It also urges the Supreme Court to instruct the Mathura District Judge or High Court Judge to investigate the alleged human rights violations of prisoners inside Mathura Prison.
Lead attorney Kapil Sibal, representing the petitioners, requested bail for Mr. Kappan saying that the attorneys went to meet him in jail and the magistrate, but were denied a hearing. “The FIR does not name him (Siddique Kappan); no crimes are alleged. He has been in jail since October 5,” Sibal said.
The three-judge bench headed by Chief Justice SA Bobde, who published the next hearing for Friday, asked why the petitioners had approached him immediately instead of going to the Allahabad High Court first.
“Weren’t we based on the merits of the case? Why can’t he go to Superior Court,” asked Chief Justice Bobde SA.
“We are trying to discourage Article 32 petitions. There is a flood of Article 32 petitions,” said the court that included judges AS Bopanna and V Ramasubramanian.
Article 32 of the constitution implies the power of the Supreme Court to provide reparation if fundamental rights are violated.
Referring to past instances of the use of the article, Mr. Sibal replied: “Your Lordships have interfered with (Article) 32. This is a journalist. There are exceptional circumstances.”
The Chief Justice then said: “Very good. We will issue a notice. But we could still send it to the High Court.”
According to Mr. Kappan’s lawyer, the journalist has not been allowed to meet with him or his family, not even to obtain a signature on the “vakalatnama”, a necessary authorization to act on behalf of the accused, since his arrest.
Also earlier, the Supreme Court had asked the Kerala journalist to first approach the Allahabad High Court to ask for bail, saying that he could return if the High Court did not grant relief.
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