JOIN USSC to consider plea for release of arrested journalist in Hathras rape case
The Supreme Court is scheduled to consider on Monday a plea by Kerala Union of Working Journalists, New Delhi unit for bail to its member, Sidhique Kappan, who arrested by the Uttar Pradesh police under the stringent Unlawful Activities (Prevention) Act.
Kappan had claimed he was on his way to Hathras for coverage of gang rape and murder of 19-year-old Dalit girl.
A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian would consider the applications filed by the association on December 16, including for meeting with the detenue, denied so far by the jail officials and district court.
The association claimed there was 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 dentenue".
It sought orders for immediate release of Kappan and allowing its lawyers and family members with regular meeting with the detenue and visit by district judge to new Mathura jail to New Mathura Jail, to enquire on violation ofnhuman 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 Monday, October 5, for they allegedly had links with Popular Front of India, and tried to disturb peace and foment communal disharmony in the state.
The association had earlier filed a habeas corpus petition alleging arrest and detention of Kappan on October 5 was illegal.
On October 12, the court allowed the petitioner-advocate Wills Mathews to amend the writ petition in view of subsequent developments, including invoking of provisions of Unlawful Activities (Prevention) Act against Kappan and three others.
In its fresh plea, the association claimed its lawyers were denied meeting of the accused by jail officials in Mathura and Chief Judicial Magistrate so it was unable to amend the writ petition for quashing of the FIR filed on October 7.
It claimed members of the petitioner-organisation were also scared to discharge their duty as a journalist or media professionals independently and impartially, as the arrest of the detenue was without complying the guidelines of the Supreme Court in 'D K Basu vs State of West Bengal' (1997).
"The present case has witnessed a complete denial of the fundamental rights of the detenue, from the act of rejecting the oral request of the lawyer of the petitioner for meeting the client and to get the vakalatnama signed at the time of production before the CJM, Mathura on October 06, 2020 to the act of rejecting the proper application of the lawyer and the officials of the petitioner for an interview with the detenue," it said.