Kerala Journalist Siddiqui Kappan Moves Mathura District Court Seeking Regular Bail

Referring to Supreme Court's order granting liberty to him to seek remedy available in law including granting liberty to file an application for bail along with other reliefs, the Bail Application avers that keeping him in jail on the strength of UAPA is nothing but a misuse of its provisions, more particularly when there is no iota of evidence or recovery against the accused even in the charge sheet

The Bail plea further avers:

"Just for the reason the applicant was seen in the company of some people belonging to PF, cannot be a ground for arrest, and refusing bail, more particularly when the applicant is a journalist by profession, and being a journalist, he is bound to go and travel with all kind of people from all walks of life focusing on journalistic duties."

Background

Siddique Kappan, was arrested along with 3 persons by UP Police while they were going to Hathras on October 3, and was subsequently booked under the UAPA alleging that he and his co-passengers were trying to incite communal riots and disrupt social harmony in the wake of the Hathras gangrape-murder case.

The Kerala Union of Working Journalists (KUWJ) filed a habeas corpus petition in the Supreme Court last year seeking Kappan's release on the ground that he was illegally arrested. Later, Kappan's wife also intervened in the case.

Recently, Kappan's wife wrote to the CJI saying that that he (who has recently tested Positive for COVID-19) is chained like an animal in a cot of the Medical College Hospital, Mathura, without mobility, and that he is not able to take food, go to the toilet for the last more than 4 days, and is very critical.

The letter also stated that the Writ of Habeas Corpus (seeking Kappan's release) petition filed on 06th October 2020 which was supposed to be disposed of on 09th March 2021 had not been disposed of despite it being listed it more than 7 times.

Thus, it sought immediate steps/ necessary orders are passed to release Kappan from the Medical College Hospital back to the Mathura Jail as an interim relief, till the disposal of the mentioning application filed on 22nd April 2021.

It may be noted that Citing medical emergency, Kerala Union of Working Journalists (KUWJ) has moved the Supreme Court seeking the transfer of Kerala Journalist Siddique Kappan to All India Institute of Medical Sciences (AIIMS) or Safdarjung Hospital, Delhi.

In its plea, the Kerala Union of Working Journalists (KUWJ) has submitted that on 20th April 2021, Kappan collapsed in the bathroom with serious injuries and later on he tested positive for COVID-19 and is presently hospitalized in a Mathura hospital.

The UP Government alleged that Kappan was linked to the Popular Front of India and was trying to incite communal riots under the garb of a journalist.

The KUWJ has denied that Kappan has any connection with the Popular Front of India (PFI). In this regard, the KUWJ states that the UP Government has taken inconsistent stances in two affidavits.

Significantly, the Supreme Court had, on April 28 directed that Kerala journalist Siddique Kappan be shifted from Mathura Jail in Uttar Pradesh to a government hospital in Delhi for medical treatment.

Pursuant to this order, he was shifted from Mathura Jail to AIIMS, New Delhi in an ambulance and was under treatment since April 30, however, the Notice alleges that none of the family members or the lawyer of Kappan was informed about the progress of his medical condition/treatment till May 7, 2021.