Siddique Kappan's Wife Sends Notice To UP Govt. Alleging Non-Compliance of SC's Order, Providing Misleading Info About His Medical Condition

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.

Significantly, the Notice alleges that despite the Supreme Court's order, which ordered that recovery of Mr.Sidhique Kappan was mandatory requirement for discharging him, and shifting him to Mathura jail, Kappan was discharged from AIIMS on May 7 even when he allegedly didn't recover from COVID.

The Notice also states that according to UP Government's version, Kappan was COVID Negative (as per the affidavit submitted before the Supreme Court), however, the letter alleges that in a letter received on May 8 by MP E T Mohammed Basheer from AIIMS, it was stated that Kappan was COVID Positive.

Also, the letter states that on April 27, the Government had submitted before the Supreme Court of India, that Kappan was COVID NEGATIVE and discharged from the hospital on April 27 and thus, was taken to Mathura jail

In this backdrop, the notice states,

"How a person with diabetes and other serious medical issues recovers from COVID in 6 days, and again got COVID in another 6 days of recovery? Our clients fear the correctness of your pleadings/ affidavit filed in the Hon'ble Supreme Court. Whether the stand taken by you about COVID Negative report of Mr. Kappan on 28.04.2021 was just to deny the basic rights of our clients and deny him of the rights to get treatment, only an investigation by a retired Judge of a Constitutional Court can bring the correct results. You cannot play with the life a citizen in this manner, and the seriousness of the matter lies in the fact that, your illegal /contemptuous action is despite having specific directions from the Hon'ble Supreme court."

Significantly, the Notice states that on May 7, the wife of Kappan got a call from him at around 11.30 AM stating that he was being brought to Mathura jail at around 2.30 AM, after midnight and was accommodated in a shabby place, not given food, didn't know whether he was COVID positive or negative.

Further, the notice also states that the Government of Uttar Pradesh took Kappan, at midnight, depriving him of his sleep, back to jail and is kept like an animal in shabby resounding as disclosed by Kappan to his wife over the phone.

The Notice further states that on May 1, 2021 the wife of Siddique Kappan along with her son came to Delhi, all away from Kerala, yet she was not allowed to meet Kappan, due to UP Government's non-response to the grievances of the accused and his family members.

Earlier, on May 4, a representation was given to Senior Superintendent of Jail, District Jail, Mathura asking for his permission to allow Kappan's wife to meet him, however, the permission was refused stating that there was no provision in the UP-Jail Manual for the same.

Lastly, the Notice urges the Government to take Kappan back to AIIMS Hospital /or any other reputed Hospital in Delhi within 6 Hours, in an Ambulance, with Doctor, failing which, the matter will be mentioned at 3 PM before the Chief Justice Of India for an immediate hearing.

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.