The Supreme Court Monday adjourned the habeas corpus plea filed by Congress leader and senior lawyer Kapil Sibal, seeking the release of Siddique Kappan, one of the four PFI members arrested by UP police for planning to create caste-based unrest and communal tension over Hathras case. The apex court bench headed by Chief Justice S A Bobde, while adjourning the plea for 4 weeks, pulled up Sibal for not approaching the Allahabad court with regards to the plea.
Senior advocate Kapil Sibal, representing Siddique Kappan, an active PFI member also working as a journalist, urged the Supreme court to let him approach them under Article 32 of the Constitution, which gives every citizen the right to move the Supreme Court. “When we filed this plea, it was a habeas corpus petition,” Sibal told the court. “Now we learnt that an FIR was registered. UAPA was invoked. No court in UP will grant us bail. Let us approach you under Article 32 of the Constitution,” he added.
Sibal was representing the Kerala Journalists’ Union in Kappan case.
SC asks Kapil Sibal to approach the Allahabad HC
However, Chief Justice S A Bobde told Sibal to approach the Allahabad High Court over the matter. Sibal argued that this would mean the petitioners will continue to remain in jail. However, the court said, “You approach the High Court, we are here only in case something wrong happens.”
Four men linked with PFI booked under UAPA for conspiring to use Hathras case to cause caste-based unrest
It may be recalled that the Uttar Pradesh police had arrested four people, Siddiqui of Nagla in Muzaffarnagar, Siddique of Malappuram, Masood Ahmed of Jarwal in Bahraich district, and Alam of Kotwali area in Rampur district in connection to the Hathras case.
As per the reports, the arrested four have connections with Popular Front of India (PFI) and were planning to cause caste-based unrest in the state. They had been booked under the Unlawful Activities Prevention Act (UAPA). The police had alleged that they were conspiring to spoil the government’s image and disturb the atmosphere in the area.
As per the reports, the Uttar Pradesh police had recovered the mobile, laptop, and suspected literature from the suspects. The FIR launched against the four has serious charges, including threatening the unity and integrity of the country (treason).