SC allows lawyer to meet arrested journalist Siddique Kappan to facilitate his bail
Nov 20, 2020
New Delhi [India], November 20 : The Supreme Court on Friday allowed the lawyer to meet the accused, journalist Siddique Kappan, arrested by Uttar Pradesh Police and who is lodged in jail to ensure his signature on the vaqalatnama (document empowering a lawyer to act for and on behalf of his client) to facilitate his bail in the case.
A bench of the apex court, headed by Chief Justice of India (CJI) Sharad Arvind Bobde, allowed Kapil Sibal, to meet the accused, S Kappan, arrested by the Uttar Pradesh Police.
The CJI, leading the bench of the Apex Court, said, as there is no objection (by the Uttar Pradesh government) to advocate, approaching the accused in question for his alleged offence, for getting his signature in the vaqalatnama in the case, so this court allows the lawyer to meet the accused in the jail.
The Supreme Court now will hear the case after a week.
The journalist was later booked under the UAPA (Unlawful Activities and (Prevention) Act).
On the last date of hearing, the Apex Court had issued notice to the Uttar Pradesh government and sought its response in the case.
Senior lawyer Kapil Sibal, appearing for arrested Kerala journalist, S Kappan, had argued before the apex court that the FIR doesn't mention any offence of the journalist. "I am being arrested in the case, without I being committed any offence," he represented.
"Why should I be in jail?" Kapil Sibal had argued for S Kappan.
The KUWJ (Kerala Union of Working Journalists) had filed the habeas corpus petition before the Supreme Court on October 6, seeking its direction to immediately release of its Delhi unit Secretary, and senior journalist, Siddique Kappan, from the illegal arrest and detention from UP police.
Siddique Kappan was arrested at a toll plaza near Hathras, while on his way to Hathras in connection with his reporting assignment to cover the brutal gangrape and murder of a 19-year-old girl.
The petitioner, KUWJ, stated in its habeas corpus petition that the journalist, Kappan, and a member of the union (KUWJ) was arrested at a toll plaza near Hathras, while on his way to Hathras in connection with his reporting assignment.
The arrest was made in complete violation of the Supreme Court guidelines issued in the DK Basu versus West Bengal case. The petitioner sought the Apex Court's direction to immediately release the senior journalist, Siddique Kappan, from the illegal arrest and detention from Uttar Pradesh police.
The arrest was with a view to obstruct the discharge of duty in the capacity as a journalist. The denial of access to the place of offence for reporting is a gross violation of articles 14, 19 and other sections of the Indian Constitution, the KUWJ, said in its petition.
The respondents -- Union of India (UOI), state of Uttar Pradesh, DGP Uttar Pradesh and others -- are solely responsible for the illegal arrest and detention of Kappan and thereby the Apex Court should pass appropriate directions and orders and immediately release Kappan from the illegal arrest and detention from the clutches of Uttar Pradesh police, the petition stated.
