We are trying to discourage Article 32 petitions: SC while hearing plea to release journalist Siddique Kappan, State of UP asked to respond

The Supreme Court, on Monday, sought the response of the Uttar Pradesh (UP) government and UP police in a plea seeking release of Kerala journalist, Siddique Kappan who was arrested and charged for offences under Unlawful Activities Prevention Act (UAPA).

. A bench headed by Chief Justice of India, SA Bobde posted the petition, which has been filed by Kerala Union for Working Journalists (KUWJ), for further hearing on Friday this week.

. KUWJ has challenged Kappan's detention claiming violation of fundamental rights under articles 14, 19 and 21 of the Constitution.

. Earlier, the bench which also comprised Justices AS Bopanna and V Ramasubramanian had, on October 12, 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.

.Supreme Court asks Kerala journalist arrested in Hathras to approach Allahabad HC for bail, keeps petition pending. However, the KUWJ informed the court on Monday that not only has the case not progressed at the High Court but Kappan was denied opportunity to meet his lawyers too.

. "Why did you not approach the High Court," CJI Bobde asked Senior Counsel Kapil Sibal, who appeared for the petitioner-organisation.

"We are not on merits (of the case) at all. We need to visit him and understand," Sibal said highlighting that Kappan was not being allowed to meet lawyers.

. CJI Bobde said that the court is trying to discourage people from approaching it directly under Article 32 but Sibal insisted contending that there have been a "spate of Article 32 petitions" in which the Supreme Court has interfered.

"This is about a journalist who continues to be in jail. These are exceptional circumstances," Sibal said.

. CJI Bobde also asked the petitioner whether the petition has been amended as directed by the court during the last hearing.

"We could not meet the gentleman. How do we amend? We have filed an affidavit to this effect," Sibal responded.

. "We issue notice. Let the matter be listed this Friday. Let State of UP be (present) here then," the court ordered. . 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.

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 also makes 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.

We are trying to discourage Article 32 petitions: SC while hearing plea to release journalist Siddique Kappan, State of UP asked to respond

Debayan Roy

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