Siddique Kappan: Supreme Court unhappy with "unfair reporting" of previous order

The Supreme Court on Friday took objection to the manner in which the case challenging the detention of Kerala journalist Siddique Kappan was reported by the media. .Chief Justice of India SA Bobde said that the media reports claiming that the Court had denied relief to Kappan were "unfair". ."There was very unfair reporting about our earlier order. It was said that we denied you relief", CJI Bobde said..Senior Counsel Kapil Sibal, appearing for the Kerala Union for Working Journalists (petitioner), said that "he had nothing to do with it" and that "unfair reporting happens everyday." .Solicitor General (SG) Tushar Mehta, who appeared for the Uttar Padesh government, concurred with the CJI. He said,"Yes, there was inaccurate reporting. Such reports need to be clarified.".During the previous hearing on November 16 (Monday), the Supreme Court had sought the response of the UP government in the matter while orally remarking that it might send the matter back to Allahabad High Court as it was not inclined to encourage an Article 32 petition. .Why did you not approach the High Court," CJI Bobde had asked Senior Counsel Kapil Sibal on Monday. Sibal had said that Kappan was not being allowed to meet even his lawyers after which the court had sought UP government's response. .The Court eventually adjourned the case on Friday after SG Mehta told the Court that there was no objection to Kappan meeting his lawyers. .Kappan, a journalist working with news portal www.azhimukham.com, was arrested at a toll plaza near Hathras in Uttar Pradesh while he was on his way to cover the horrific gang-rape and subsequent cremation of a 19-year-old Dalit woman. He has been charged with offences under Unlawful Activities Prevention Act (UAPA)..A Habeas Corpus plea was filed in the Supreme Court by Kerala Union for Working Journalists (KUWJ) challenging Kappan's detention, claiming violation of his fundamental rights under Articles 14, 19 and 21 of the Constitution. .We are trying to discourage Article 32 petitions: SC while hearing plea to release journalist Siddique Kappan, State of UP asked to respond.The state government, in its affidavit filed on Friday, told the Supreme Court that Kappan, who is the office secretary of Popular Front of India (PFI), was attempting to go to Hathras to create communal and caste tension. He was using "journalist cover" by showing the identity card of a Kerala-based news paper, Tejas which was closed in 2018. .Solicitor General Tushar Mehta submitted that Kappan was arrested and remanded by competent court and his bail plea was heard for 9 days. "He should approach the High Court," Mehta said. .Sibal responded by saying that the lawyers had gone to the jail authorities to meet him, but they were asked to go to the magistrate. "The magistrate told us that Supreme Court has not ordered so," he added. .Mehta, however, reiterated that he had no objection lawyers meeting Kappan. .On October 12, the Bench which also comprised Justices AS Bopanna and V Ramasubramanian had adjourned the Habeas Corpus petition, asking the petitioners to approach the Allahabad High Court first. The apex court had also asked the petitioner to file an amended petition..However, the KUWJ had informed the Court on Monday that not only has the case not progressed at the High Court, but Kappan was also denied the opportunity to meet his lawyers..After the court sought the response of the UP government, Kappan was able to have a brief conversation with his lawyer over the phone. .Supreme Court asks Kerala journalist arrested in Hathras to approach Allahabad HC for bail, keeps petition pending.The plea filed by KUWJ through advocate Shweta Garg states that the arrest was in total violation of guidelines laid down by the Supreme Court in DK Basu v. State of West Bengal..Habeas Corpus plea in Supreme Court seeks release of Kerala journalist arrested while covering Hathras incident.The petition has also made a case for equal access for journalists covering the Hathras incident. It states,"The ultimate test of democracy lies in the freedom of speech and expression. Media is the breath of democracy. Denial of access of the journalists to the place of news seriously connected with the dignified life of citizens for reporting is a gross violation of Article 14, 19(1)(a) and 21 of the Constitution."The petitioner has, therefore, sought the immediate release of Kappan.

Siddique Kappan: Supreme Court unhappy with "unfair reporting" of previous order

Debayan Roy

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