The Uttar Pradesh government told Supreme Court on Wednesday that “shocking findings” have emerged during the investigations into the arrest of Kerala journalist Siddique Kappan near Hathras on October 5 and his alleged links with radical Muslim organization Popular Front of India (PFI).
Seeking time to file a response to the affidavit filed on behalf of Kappan by Kerala Union of Working Journalists (KUWJ), Solicitor General Tushar Mehta who appeared for UP government said, “Accused is not before the Court. How can an association contest a habeas corpus petition on his behalf… He (Kappan) claims to be a journalist of a paper called Thejus which closed three years ago. Investigation conducted so far against him is shocking.”
A three-judge bench headed by Chief Justice of India (CJI) SA Bobde told senior counsel Kapil Sibal appearing for KUWJ to approach the Allahabad High Court and asked for any precedent where an association or union has filed a habeas corpus on behalf of an accused lodged in jail for a criminal case. Sibal agreed to add Kappan’s wife as a party to their petition.
The bench, also comprising Justices AS Bopanna and V Ramasubramanian said, “Even if you implead the wife (of Kappan) we will still ask you why should you not go to the High Court.” Sibal gave the instance of the Supreme Court interfering directly on the arrest of journalist Arnab Goswami and cited this as a precedent for the Court to step in where individual liberty was concerned.
{{/usCountry}}The bench, also comprising Justices AS Bopanna and V Ramasubramanian said, “Even if you implead the wife (of Kappan) we will still ask you why should you not go to the High Court.” Sibal gave the instance of the Supreme Court interfering directly on the arrest of journalist Arnab Goswami and cited this as a precedent for the Court to step in where individual liberty was concerned.
{{/usCountry}}But the bench brushed it aside saying, “The facts of each case are different.”
The bench posted the matter for hearing next week allowing time for the state to respond to KUWJ’s response and the journalist union to join Kappan’s wife to the proceedings.