No One Is Chained: UP Govt Tells SC in Kappan’s Habeas Corpus Plea

The SC has decided to adjourn Siddiqui Kappan’s plea seeking immediate release from chains till 28 April.

Siddique Kappan, a journalist from Kerala, was arrested while he was on his way to Hathras in 2020. 

(Photo: Twitter/Altered by The Quint)

The Supreme Court of India on Tuesday, 27 April, decided to adjourn Kerala journalist Siddiqui Kappan’s habeas corpus plea till Wednesday. The court cited “technical glitch” as a reason to adjourn the plea seeking Kappan’s immediate release from the chains used to tie him to the hospital bed.

The habeas corpus plea was filed by the Kerala Journalists Union just 24 hours after Kappan’s arrest in October 2020, but the plea is still pending before the apex court.

While adjourning the matter the SC directed the UP government to submit Kappan’s medical reports on Wednesday. 

No One Is Jailed: UP Government

During the proceedings, Solicitor General Tushar Mehta, who was appearing for the UP government, refuted the claim of Kappan’s wife and argued that no one is kept in chains in Mathura’s KM Hospital.

Arguing that the habeas corpus plea is not maintainable, SG said:

“I have a preliminary objection that one person is in jail and a charge sheet has been filed against him under UAPA. 8 persons filed for bail and a journalist association files a habeas corpus petition. The petition is not maintainable. He is not in illegal detention.”

Solicitor General

Want Immediate Release From Chains

Appearing for the Kerala Journalists Union, Senior Advocate Wills Mathew contended that he wants immediate removal of chains used to tie Kappan to his hospital bed.

“My prayer is limited to the point. On 20th of this month, Kappan fell in the washroom. On 21st, he tested positive and was admitted to the hospital. On 22nd, we issued for mentioning the same. He was chained and could not go to the washroom.

Wills Mathew

Mathew further wanted the court to grant interim relief of allowing Kappan to have interaction with his wife through video-conferencing.

The SC, however, decided to adjourn adjudication on these interim pleas by Wednesday. “We have to look into the reasons for keeping him like that,” the court said.