On the arrest of journalist Siddique Kappan, the Kerala Union of Working Journalists filed a habeas corpus petition in the Supreme Court. During the hearing, the CJI said that the petitions with Article 32 filed for infringement of fundamental rights before the court have been flooded and they are discouraging them.
New Delhi: The Supreme Court on Monday issued a notice to the Uttar Pradesh government on a petition filed against the arrest of Siddique Kappan, a journalist from Kerala going to Hathras in
Uttar Pradesh.
An alleged gang rape of a Dalit girl took place in Hathras and she later died.
In fact, journalist Siddique Kappan was arrested on the way to Hathras on October 5. He was going to the house of a Dalit girl who was a victim of gang rape in Hathras. This girl died in Safdarjung Hospital in Delhi.
A bench of CJI SA Bobde, Justice AS Bopanna and Justice V. Ramasubramanian sought to know from senior advocate Kapil Sibal appearing on behalf of the Kerala Union of Working Journalists why he came directly here instead of going to the Allahabad High Court.
Kapil Sibal requested for bail to the journalist and said that there is nothing against him. He said, 'His name is not there in the FIR. No offense is charged. He has been in jail since October 5.
The bench said, "We will issue notice." Listing the matter for Friday. '
Questioning about not going to the High Court in this case, the bench said, "We are not on the merit of this case." Why didn't you go to the High Court? '
Sibal said that Kappan was not being allowed to meet his lawyer and family members. It was also pointed out in the petition that progress in the case could not be made in the High Court.
Recalling the previous hearing of October 12 in the case, Bobde asked if he had filed a revised petition as per the instructions given in the previous hearing. During that hearing, the Supreme Court had expressed reluctance to accept the Habeas Corpus petition and asked to go to the High Court.
According to the Bar and Bench, Sibal said, "We are not able to meet the journalist." How do we modify? We have filed an affidavit in this regard.
To this, the court said that it is issuing notice to the Uttar Pradesh government and asked it to appear on the next hearing on Friday.
We are discouraging petitions containing Article 32: CJI
During the Siddique Kappan case hearing, CJI Bobde said that the court is discouraging petitions coming with Article 32 from doing so.
The CJI said that the petitions with Article 32 have flooded before the apex court.
Explain that the petitions under Article 32 are related to taking measures for violation of fundamental rights of a person.
On this, Sibal said that these are extraordinary circumstances and kept a journalist in jail. He requested the court to consider it.
Explain that the Kerala Union of Working Journalists has challenged the custody of Kappan under Article 14, 19 and 21 of the Constitution, violating the fundamental rights. Kappan is the secretary of the union's Delhi unit.
At the same time, according to an India Today report, a court in Mathura on Friday dismissed the bail plea of three other people accused along with Kappan while visiting Hathras.
Additional District Judge Mayur Jain dismissed the bail plea of Atikur Rahman, Alam and Masood, saying that since the charges against the accused are serious, they cannot be released on bail at the present time when the case is under investigation. .
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