Hathras case: SC refuses to consider habeas corpus plea against scribe arrested by UP police

The Supreme Court on Monday refused to consider a plea by Kerala Union of Working Journalists for release of a scribe, Sidhique Kappan, arrested by the Uttar Pradesh police, while he was said to be on his way to Hathras to report the incident of alleged gang rape of a 19-year-old Dalit girl.

A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian asked senior advocate Kapil Sibal as to why he did not approach the right court, i.e. the Allahabad High Court in the matter.

Sibal said when the plea was filed, it was a habeas corpus petition. Subsequently, the Uttar Pradesh police filed an FIR and invoked provisions of stringent, Unlawful Activities (Prevention) Act, which would make it difficult for him to seek bail for six to eight months.

The court, however, deferred hearing the matter for four weeks, suggesting the counsel to approach the High Court.

In its habeas corpus petition, the petitioner-organisation contended that Kappan was illegally arrested on October 5 with a view "to obstruct him from discharge of his duty as a journalist". This was also in violation of his rights to equality, freedom of speech and expression and liberty, the petition filed by advocate Wills Mathews said.

It said Sidhique is secretary of the Delhi unit of the organisation and regular contributor of a news website.

The Uttar Pradesh police claimed to have arrested Sidhique and three others, Atiq-ur Rehman, Masood Ahmad and Alam on Monday, October 5. They claimed the arrested men, having links with Popular Front of India, tried to disturb peace and foment communal disharmony in the state.