SC issues notice on plea against arrest of Kerala scribe on way to Hathras

The SC bench presided over by Chief Justice S A Bobde asked senior advocate Kapil Sibal why he hadn't approached the high court

The Supreme Court on Monday frowned upon people directly approaching the top court instead of the high courts and trial courts for seeking remedy against alleged illegal detention.

Taking up a habeas corpus plea by the Kerala Union of Working Journalists' New Delhi unit against the arrest of scribe Siddique Kappan, a bench presided over by Chief Justice S A Bobde, asked its counsel, senior advocate Kapil Sibal, why he hadn't approached the high court.

"We are trying to discourage the Article 32 petition. There is a spate of Article 32 (writ jurisdiction) petitions (of the Constitution)," the bench said.

"You have (earlier) interfered under Article 32," Sibal told the court in his defence.

The counsel also pointed out that this was about a journalist who continued to be in jail. These are exceptional circumstances, he said, adding the lawyers were denied even meeting with the scribe.

On this, the court issued a notice to the Uttar Pradesh government and put the matter for consideration on Friday.

"We will hear the matter this Friday. Let State of UP government counsel be here then," the bench said.

In its applications, the association claimed there was a violation of fundamental rights, human rights, rule of law, creating "a lot of helplessness among the journalistic fraternity in discharging their duty fearlessly considering the fate of the present detenue".

It sought orders for the immediate release of Kappan and allowing its lawyers and his family members to regularly meet with the detenue. It also asked for a visit by the district judge to the New Mathura jail to enquire about the violation of human rights as well as Covid-19 guidelines.

The Uttar Pradesh police claimed to have arrested Sidhique and three others, Atiq-ur Rehman, Masood Ahmad and Alam, on October 5 for allegedly having links with the Popular Front of India (PFI) and trying to disturb the peace and fomenting communal disharmony in the state.

The association, for its part, claimed that Kappan was on his way to Hathras to cover the gang rape and murder of a 19-year-old Dalit girl.