Shift Siddique Kappan to RML hospital in Delhi from Mathura jail; Supreme Court tells UP govt

The Supreme Court on Wednesday instructed the Uttar Pradesh government to shift journalist Siddique Kappan, arrested while on his way to Hathras last year, to a government hospital in Delhi for treatment.

According to Bar&Bench, the court ordered that Kappan be shifted to RML Hospital, or AIIMS or any other government hospital in Delhi. He can be sent to Mathura Jail after recovery, the court noted. Kappan may then approach lower court for bail, the court further said.

Supreme Court on Kappan:

1) Sidhique Kappan to be shifted to Government Hospital
2) After recovery Sidhique Kappan to be shifted to UP Jail
3) He may approach lower court for regular bail#SupremeCourt #SupremeCourtofIndia #SidhiqueKappan https://t.co/qnTUQ8ny0z pic.twitter.com/uLruUFymBx

— Bar & Bench (@barandbench) April 28, 2021

The apex court granted him liberty to approach an appropriate forum challenging his arrest or any other relief and disposed of the plea filed by Kerala Union of Working Journalists (KUWJ). "Taking into consideration facts of the case, we dispose of the writ petition. Even though Solicitor General Tushar Mehta very seriously opposes, we are directing the state to shift the accused to RML or AIIMS or wherever treatment can be done," said the bench.

Mehta strongly opposed the top court's suggestion saying 42-year-old Kappan is not COVID-19 positive and can be treated at a jail hospital in Mathura.

The Uttar Pradesh government had on Wednesday morning filed an affidavit stating that Kappan's RT-PCR results had come negative and he has been discharged from Mathura hospital and taken back to jail, according to LiveLaw.

According to LiveLaw, the solicitor general argued: “In UP also, huge people are not getting beds. I personally know huge, bonafide journalists who are not getting beds. With much difficulty, we got a bed. This is a man who is refusing to go to the relevant court. He is adamant in fighting with this association.”

​Mehta further said, “I have no difficulty if doctor says he needs hospitalisation, then we can get him hospital in Mathura.”

SG: I have no difficulty if doctor says he needs hospitalisation, then we can get him hospital in Mathura. It’s not like it’s completely unconnected. I have no difficulty after 21 April report, if a neutral Medical Board examines him.

— Live Law (@LiveLawIndia) April 28, 2021

He opposed the court’s suggestion, stating that Kappan can be examined by a neutral medical board and if there is a medical emergency, the journalist can be shifted for treatment.

According to LiveLaw, the court said it was committed to taking care of Kappan’s health as it was to looking after the health of all accused and directed the state government to shift the journalist to Delhi for treatment.

Mehta asked the bench to mention in its order that a hospital bed be vacated in Delhi for Kappan as the health care facilities are already full of patients. The apex court however declined to say anything on the issue.

A bench headed by Chief Justice of India NV Ramana and comprising Justices Surya Kant and AS Bopanna was hearing the habeas corpus petition filed by the Kerala Union of Working Journalists, seeking Kappan's release.

Earlier during the day, the top court had indicated it may shift Kappan to Delhi from Mathura jail for treatment, even as the Uttar Pradesh government, represented by Solicitor general Tushar Mehta strongly opposed the suggestion.

According to LiveLaw, advocate Wills Matthews appearing for the KUWJ and Kappan's wife, at the beginning of the hearing, said he was seeking bail for the journalist. He argued that Kappan's arrest was illegal and that the FIR against him had nothing concrete. The court asked Mathews to focus on the arguments for seeking bail and for medical attention. Matthews said that Kappan had tested positive for COVID, and he was also "chained in the hospital". "In prison, he was not given sustenance. He was so weak that he collapsed in the washroom.", LiveLaw quotes him as saying. Matthews submitted that the first priority is medical treatment for Kappan followed by bail and said Kappan suffers from diabetes and other medical problems.

Mathews: From our source, what we came to know that he is still critical. The report says that he is fit, but he is still under medical supervision. I fear that he will be discharged from hospital to the jail. #SiddiqueKappan #SupremeCourt

— Live Law (@LiveLawIndia) April 28, 2021

According to Bar&Bench, the SG contended that the accused is in judicial custody and the habeas corpus petition in not maintainable. According to the Solicitor General, Kappan was trying to create communal unrest in Uttar Pradesh. "PFI is known to have been in touch with members ISIS and faces case in Kerala and other states. Kappan is in touch with many of these people," Mehta claimed.

When asked by the court if the PFI was banned, Mehta said the organisation was banned in some states and the Centre was considering it. Mehta also contended that dubious transactions had come to light with respect to Kappan's bank account. When questioned further by the court, he argued that "all foot soldiers may not get the money directly from the organisation" and said the court was not looking at a bail application, but a Habeas Corpus petition.

The court said that even if habeas corpus cannot be considered, it will consider the plea for better medical treatment.

The bench said it was only considering the issue of medical treatment for Kappan at present and that it was the state's responsibility to protect him while under custody.

"You have to consider the suggestion in the context of the precarious health condition of the person and the ultimate responsibility of state. He has the problem of diabetics, blood pressure, he has suffered an injury while in jail. Will he be able to get adequate medical help in jail?" the court asked.

According to reports, Mehta vehemently opposed the court's suggestion saying the facilities in Mathura were sufficient and Kappan should not be given special treatment just because a journalistic body is a petitioner here.

The CJI said the court was only considering the humanitarian angle of health, while Mehta argued that several similarly placed accused are getting treatment in hospitals in UP.

The SC bench had directed Mehta to seek instructions from the state government on its suggestion and posted the plea of the KUWJ and Kappan's wife for further hearing at 1 pm.

The KUWJ had alleged that Kappan has been chained to a cot in the hospital he was admitted to after falling in the bathroom and later testing positive for COVID-19 .

Kappan's wife also recently wrote to CJI Ramana seeking his immediate release from the hospital, alleging he is "chained like an animal in a cot" there.

On 16 November last year, the top court had sought a response from the Uttar Pradesh government on the plea challenging the arrest of the journalist.

The FIR has been filed under various provisions of the IPC and the Unlawful Activities (Prevention) Act (UAPA) against four people having alleged links with the Popular Front of India, or PFI.

Kappan was arrested on way to Hathras following the death of a 19-year-old Dalit woman who was allegedly gang-raped on 14 September, 2020 in a village in the district.

With inputs from PTI