KUWJ Moves Supreme Court For Interim Bail For Siddique Kappan Citing Critical Health Condition Of His 90-Yrs Old Mother

The affidavit states that in in view of her existing medical condition, Kappan's mother has not been informed about her son's arrest and detention so far. Further, it is stated that her health has deteriorated severely and whenever she gains consciousness, she demands to meet her son.

Kappan, a freelance journalist, was arrested by the UP police on October 5 for alleged criminal conspiracy to create societal unrest in the wake of Hathras incident. He has since been lodged at a jail in Mathura.

The KUWJ thereafter filed a habeas corpus petition in the Supreme Court challenging Kappan's arrest and custody as illegal and unconstitutional.

Recently, the Supreme Court allowed KUWJ's request for video conferencing between Kappan and his ailing mother who is in Kerala.

"We Will Allow": CJI Bobde On Siddique Kappan's Mother's Plea To Meet Him Via Video Conferencing;"I will Take Care", Says SG

In the present bail application, the Petitioner claimed that the Mathura Jail officials arranged a video call of only 10 Minutes on January 28 and Kappan's Mother could not respond or even look at the mobile screen as she is presently very critical and in Hospital.

"At the time of arguments on 22.01.2021 , the counsel for the petitioner had informed this Honble Court about the 90 year old Mother of the detenue Mrs.Kadija Kutty , who was bed ridden and extremely unwell , repeatedly demanding to talk with the detenue. It is submitted that theMrs Kadya Kuttys health has further deteriorated .Whenever she gains consciousness, she is demanding to meet her son, and requesting everyone that its the last wish of a Mother to see her son," the plea further states.

The Petitioner has thus urged the Court to grant interim bail to enable the detenue to meet his mother.

Other developments in the case

Last week, the Supreme Court adjourned Kappan's habeas corpus petition for six weeks based on UP Government's request.

The CJI-led bench has on many posting dates expressed disinclination to entertain the petition, asking the petitioner to approach the High Court. "We are trying to discourage Article 32 petitions", CJI said on one posting date.

The UP Govt has filed a counter-affidavit saying that Kappan had links with banned organizations and was attempting to create social unrest in the wake of Hathras Case. The FIR against him has provisions under the UAPA.

Subsequently, the KUWJ filed an additional rejoinder denying Kappan's connections with Popular Front of India (PFI). The KUWJ stated that Kappan, as a journalist, has strong roots in society, and may have come in contact with people from all walks of life, including the PFI, and that does not mean that he is a criminal. In any case, PFI is not a banned organization, the rejoinder stated.