The Supreme Court of India has issued a notice to State of Uttar Pradesh in the habeas corpus petition filed against the arrest and custody of PFI member and Kerala journalist Siddique Kappan.
[BREAKING] Supreme Court issues notice to State of UP in the habeas petition filed against the arrest and custody of Siddiqque Kappan.— Live Law (@LiveLawIndia) November 16, 2020
The bench posts the matter on Friday.
CJI expresses that the court might still send the matter back to High Court. https://t.co/2n9VT8d7Be
The bench led by CJI SA Bobde heard the petition seeking the release of Kappan from UP jail. The apex court has listed the matter to be heard on this Friday.
Representing Kerala journalist Siddique Kappan, senior advocate Kapil Sibal submitted that the FIR filed in the case did not mention Kappan’s name, and his client was deprived of his basic rights in the jail. Sibal also claimed that Kappan has not been allowed to meet his lawyers, family or friends. However, to this the CJI tersely asked the senior advocate to approach the high court, citing that the bench is trying to discourage Article 32 petitions.
The Constitution of India under Article 32 gives every citizen right to move the SC by appropriate proceedings.
The bench subsequently issued a notice to the Uttar Pradesh government to be present in the court this Friday in connection with the Kappan’s case. But it also suggested that the court might still be inclined to send the defendant to the high court.
SC pulled up Sibal in the previous hearing for not approaching Allahabad HC
In the previous hearing of the matter, the top court had adjourned the matter by four weeks and pulled up Sibal for not approaching the Allahabad HC in this regard.
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.
Adjourning the matter by four weeks, the top court had then suggested Sibal to move Allahabad high court.
Siddique Kappan among 4 arrested under UAPA charged by Uttar Pradesh police
Siddique Kappan was arrested by the UP Police on October 5 while he was proceeding to cover the Hathras case of rape & murder of a 19-year-old Dalit woman. He was arrested along with three other persons, under stringent sections of UAPA and sedition charges for attempting to create a caste-conflict in the state amidst the ongoing Hathras case controversy.
According to the FIR, the UP Police has charged all the accused under Section 17 of the UAPA that deals with raising funds for a terrorist act. The four people who were apprehended from Mathura on October 5 were then sent to 14-day judicial custody.
Reportedly, all the arrested four had connections with radical Islamic organisations Popular Front of India (PFI) and were planning to cause caste-based unrest in the state. The police have alleged that they were conspiring to spoil the government’s image and disturb the atmosphere in the area. So far, police have filed 21 cases across the state.