CJM Mathura Dismisses Application Filed To Permit Lawyer And KUWJ Office Bearers To Meet Malyalam Journalist Siddique Kappan In Jail

As per reports, Kappan, along with three other journalists, Atiq-ur Rehman, Masood Ahmed and Alam, were detained by the UP police at Hathras toll plaza on October 5, while he was proceeding to cover the Hathras case of rape and murder of a 19-year-old Dalit woman (alleging links to the Popular Front of India or PFI).

Their mobile phones, a laptop and some literature, "which could have an impact on peace, and law and order in the state", have been seized, said the police in a statement.

Notably, Kappan is a journalist presently working with the news portal www.azhimukham.com, and having 10 years of experience in the field.

Significantly, the Uttar Pradesh Police has arrested Kappan under Sections 153-A, 295-A, 124-A of IPC, Section 17, and 14 of Unlawful Activities (Prevention) Act, Section 65, 72 and 76 of Information Technology Act.

KUWJ reached Supreme Court

Terming Kappan's arrest illegal and unconstitutional, the Kerala Union of Working Journalists (KUWJ) filed the petition seeking Kappan's immediate production before the SC and his release from "illegal detention".

The petition contended that the arrest was made in violation of the mandatory guidelines laid down in the decision DK Basu v. State of West Bengal, and was made with the sole intention of obstructing the discharge of duty by a journalist.

Subsequently, the Supreme Court on Monday (12^th October) adjourned the habeas corpus plea filed for the release of Kerala journalist, Siddique Kappan.

While adjourning the plea for four weeks, the Bench headed by Chief Justice of India SA Bobde had asked Senior Advocate Kapil Sibal, appearing on behalf of the Petitioner, to approach the Allahabad High Court.

KUWJ approached CJM, Mathura to meet Siddique Kappan

An application was filed by the KUWJ before the CJM, Mathura, wanting to meet Mr. Siddique for the purpose of amendment of the pending writ petition (in the SC) along with their lawyer Advocate Wills Mathews

All the parties undertook to bring proper identity cards and records at the time of granting permission for verification.

It was also contended in the Application that after the arrest of Mr. Siddique, his mother aged 90, and his wife and children were totally in dark and wanted to talk to him over mobile, as he was never allowed to talk with them.

Thus, it was prayed that three present and past office-bearers of the KUWJ, namely P.K. Manikandhan, Prasanth M. Nair and Anil V. Anand, along with Mathews be permitted to meet Kappan on Friday (16^th October) for 30 minutes.

They had also requested CJM's permission to arrange a talk through WhatsApp video between Kappan and his mother and wife.

However, as mentioned earlier, the CJM, Mathura dismissed the application in her chamber. Notably, order dated 16-10-2020 states - "No such order passed by Hon'ble S.C. No power is annexed this application. Accordingly rejected".

Advocate Wills Mathews spoke to Live Law

Speaking to Live Law, Advocate Wills Mathews said that he filed an application before the CJM Court personally on 16^th October (at 11.30 AM). The Court asked him to go to jail and take appropriate steps.

However, when he reached the Jail where Mr. Kappan has been kept, it was told to him that he would have to take permission from the Court in case, he wishes to meet Kappan.

He again filed an application before the Court, however, he told Live Law that he had to wait till 6.20 PM and thereafter, he came to know that the said application filed before the Court was dismissed.

Further, he told Live Law that he did not even receive the copy of the order of CJM's Court (dismissing his request to meet Kappan) and he could get the copy of the Order only on Monday (19^th October).