Siddique Kappan Not “In an Illegal Confinement but Is In Judicial Custody: UP Govt Tells Supreme Court
(Judicial Quest News Network)
The Utter Pradesh Government on Friday informed the Supreme Court that Siddique Kappan is in judicial custody but not in an illegal detention as claimed.
Kappan was arrested on his way to Harthras where a young Dalit woman was raped and murdered.
The Utter Pradesh Government in its affidavit submitted that he allegation of Keral Union of Working Journalist is invalid and unacceptable that Kappan is in illegal detention.
The Solicitor general Tushar Mehta countered the claim, the state government said that immediately after his arrest his family members were informed through phone however no one from his faily came to meet him jail.
The affidavit filed in SC states that Kappan, who is the office secretary of popular Front of India (PFI), was travelling to Hathras with other members of the Popular Front of India (PFI) with aim creating “caste divide and law & order issues”.
He was using “journalist cover” by showing the identity card of Kerala-Tejas which was closed in 2018, the affidavit alleges,
The State government has also submitted that Kappan was arrested with four others on October 5 and bail applications filed by the journalist and three others was rejected by a competent court with detailed reasons.
Senior Advocate Kapil Sibal appearing for the KUWJ had contended that Kappan was denied meeting with lawyers or his family members.
This was refuted by the UP Government and said that Kappan had misled the Special Task Force when he was brought to Delhi.
The Counter affidavit filed by UP Government states that the petition filed by Kerala Union of Working Journalists (KUWJ)directly under article 32 of the constitution of India is not maintainable and it is for the person in judicial custody to approach the jurisdictional High Court of Allahabad”.
It is further submitted that That mobile phones, Laptop, Pamphlets having headlines of Justice for Hathras Victim etc. were duly seized and sent to Maal khana, and information of such arrest was duly conveyed to the relatives of Mr. Sidhique Kappan, all of which was duly entered in the General Diary details bearing G.D. No. 041 dated 05.10.2020 at about 20:52 Police station-Manth, District-Mathura, Uttar Pradesh. During the judicial custody of accused Sidhique Kappan, on his written requests, he has interacted with his family members on three occasions on phone on 02.11.2020, 10.11.2020 & 17.11.2020
Kappan a Journalist working with news portal www.azhimukham.com, was arrested at a toll plaza near Hathras in Utter Pradesh while he was on his way to cover the horrific gang-rap and subsequent cremation of a 19- year-old Dalit woman. He has been charged with offences under Unlawfula Activities Prevention Act (UAOA)
A Habeas Corpu ple was filed by KUWJ in Supreme Court challenging Kappan’s detention, claiming violation of his fundamental rights under Articles 14,19, and 21 of the Constitution.
The Supreme Court had on Friday taken objection to the manner in which the case was reported by media.
Chief Justice SA Bobde said that the media reports claiming that the apex court had denied relief to Kappan were “unfair”
