The Wife of Journalist Siddique Kappan, Raihanath Kappan has sent a notification of contempt (through Advocate Wills Mathews) to the Uttar Pradesh Government Alleging Non-Compliance of Supreme Court's Order dated April 28, 2021 and for submitting incorrectly/misleading data before the SC in regards to his clinical status.
The gist of the notice
On April 28, the Supreme Court directed that Kerala journalist Siddique Kappan be moved from Mathura Jail in Uttar Pradesh to a government clinic in Delhi for medical treatment.
As per this order, he was moved from Mathura Jail to AIIMS, New Delhi in the ambulance and was under treatment since April 30, notwithstanding, the Notice affirms that none of the relatives or the lawyer of Kappan was notified about the progress of his medical condition/treatment till May 7.
Altogether, the Notice claims that despite the Supreme Court's order, which requested that recovery of Mr. Sidhique Kappan was a compulsory prerequisite for releasing him and shifting him to Mathura jail, but Kappan was released from AIIMS on May 7 even, when he supposedly didn't recover from COVID.
The Notice also expresses that as per UP Government, Kappan was COVID Negative (according to the affidavit submitted before the Supreme Court) therefore, was taken to Mathura jail, however, the letter alleges that in a letter got on May 8 by MP E T Mohammed Basheer from AIIMS, it was expressed that Kappan was COVID Positive.
The Notice expresses that on May 7, the wife of Kappan got a call from him at around 11.30 AM expressing that he was being brought to Mathura jail at around 2.30 AM, after midnight and was accommodated in a shabby spot, not given food, didn't know whether he was COVID positive or negative.
The Notice further expresses that on May 1, 2021, the wife of Siddique Kappan along with her child came to Delhi, all away from Kerala, yet she was not permitted to meet Kappan, due to the UP Government's non-response to the complaints of the accused and his relative.
Prior, to May 4, a representation was given to Senior Superintendent of Jail, District Jail, Mathura asking for his consent to permit Kappan's wife to meet him, but the permission was declined stating that there was no provision in the UP-Jail Manual for the same.
Finally, the Notice encourages the Government to take Kappan back to AIIMS Hospital/or some other reputed Hospital in Delhi within 6 Hours, in an Ambulance with Doctor, failing which, the matter will be referenced at 3 PM before the Chief Justice of India for a prompt hearing.
Background
Siddique Kappan was captured along with 3 people by UP Police while they were going to Hathras on October 3, and was reserved under the UAPA asserting that he and his co-travelers were attempting to induce communal riots and disrupt social harmony in the wake of the Hathras gangrape-murder case.
The Kerala Union of Working Journalists (KUWJ) documented a habeas corpus request in the Supreme Court a year ago looking for Kappan's release on the ground that he was unlawfully captured. Afterward, Kappan's wife additionally intervened in the case.
Recently, Kappan's wife wrote a letter to the CJI saying that he is treated like an animal in a bed of the Medical College Hospital, Mathura, and that he can't take food, go to the toilet for the last over 4 days, and is very critical. Also, expressed that the Writ of Habeas Corpus (looking for Kappan's delivery) appeal recorded on 06th October 2020 which should be discarded on 09th March 2021 had not been discarded despite it being recorded more than 7 times. Thus it, looked for immediate steps/important orders are passed to release Kappan from the Medical College Hospital back to the Mathura Jail as interim relief.
It might be noticed that Citing health-related crisis, the Kerala Union of Working Journalists (KUWJ) has moved the Supreme Court demanding the transfer of Kerala Journalist Siddique Kappan to All India Institute of Medical Sciences (AIIMS) or Safdarjung Hospital, Delhi.
The UP Government claimed that Kappan was connected to the Popular Front of India and was attempting to induce communal riots under the grab of a journalist.
The KUWJ has rejected that Kappan has any association with the Popular Front of India (PFI). In such a manner, the KUWJ states that the UP Government has taken conflicting positions in two affidavits.
