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KUWJ Files Contempt Plea In Supreme Court Against UP Govt.Officials For Allegedly Violating Journalist Siddiqui Kappan's Medical Rights
Sparsh Upadhyay
7 Oct 2021 3:25 PM IST
A Contempt plea has been moved before the Supreme Court by the Kerala Union Of Working Journalists alleging violation of Journalist Siddique Kappan's 'Medical Rights' at the hands of Uttar Pradesh Government officials.The plea filed through Advocate Wills Mathews alleges that despite Supreme Court's April 28 direction to the officials that he shall be discharged from the hospital only after...
A Contempt plea has been moved before the Supreme Court by the Kerala Union Of Working Journalists alleging violation of Journalist Siddique Kappan's 'Medical Rights' at the hands of Uttar Pradesh Government officials.
The plea filed through Advocate Wills Mathews alleges that despite Supreme Court's April 28 direction to the officials that he shall be discharged from the hospital only after he has recovered, the officials got him discharged when he was still COVID positive, and thereafter, he was shifted to the Mathura Jail, allegedly in clear violation of the Supreme Court's direction.
The act of discharging him from the hospital at midnight on May 6, 2021, and even depriving him of sleep amount to contempt of court, the plea avers.
The plea further states that despite being served with two notices, one on May 9 and the second on May 25, the officials didn't take any corrective steps in this regard, and thus the same leads to the conclusion that their inaction has been deliberate and willful.
"The accused was discharged from the Hospital before recovery, at at a time when the treatment for his dental issues arising out of his fall in the bathroom was pending, and also he has not recovered from Corona. Even now one teeth is hanging and another teeth is displaced with serious pain in his veins, nerves, resulting in intimating Mathura District court, and jail on which report was demanded on which, the Doctor reported to show a doctor connected with nerves to get recovery from pain, and further informed that he is loosing his eye sight with Diabetic at its critical stage. In short he needs hospitalization even now and he is in pains. The petitioner was trying their level best to get the medical issues settled from Mathura Jail and Courts , but could not and left with no other alternative options, the petitioner is filing the present contempt petition."
Earlier, the Wife of Journalist Siddique Kappan, Raihanath Kappan had sent a notice of contempt (through Advocate Wills Mathews) to the Uttar Pradesh Government Alleging Non-Compliance of Supreme Court's Order dated April 28 and also, for submitting wrong/misleading information before the SC regarding his medical status.
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.
Also, the Notice had alleged that despite the Supreme Court's order, which ordered that recovery of Mr.Sidhique Kappan was a 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.
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.
