SC asks Uttar Pradesh govt to submit medical records of journalist Siddique Kappan
New Delhi: The Supreme Court Tuesday asked the Uttar Pradesh government to submit medical records of journalist Siddique Kappan who was arrested last year on way to Hathras where a young Dalit woman had died after being allegedly gang-raped.
Kerala Union of Working Journalists (KUWJ) alleged that Kappan has been chained to a cot in the hospital he was admitted to after falling in the bathroom and later testing positive for COVID-19.
The UP government refuted the allegations that Kappan has been chained to a cot at the hospital and said it would file a short reply on his medical records by tomorrow.
A bench of Chief Justice N V Ramana and Justices Surya Kant and A S Bopanna asked Solicitor General Tushar Mehta, appearing for the state government, to file the medical records by Wednesday.
At the outset, Mehta said he had preliminary objection to the habeas corpus petition filed by KUWJ as Kappan has been in judicial custody under the judicial order.
He said the habeas corpus petition was not maintainable in the case where an accused is under judicial custody.
Advocate Wills Mathew, appearing for KUWJ, said that on April 20 he fell in the bathroom and on April 21 he was tested positive for COVID-19.
He added that besides the reliefs being sought, Kappan should also be allowed to talk to his mother via video conference.
The bench, which was facing difficulty in hearing the arguments due to connectivity issue, adjourned the matter for Wednesday.
When we are adjourning the matter for detailed hearing for tomorrow, why are you making arguments now, the bench told Mathew.
It asked Mehta to file medical records of Kappan by Wednesday to which the solicitor general agreed.
Kappan's wife recently wrote to CJI Ramana seeking his immediate release from the hospital, alleging he is "chained like an animal in a cot" there.
Raihanth Kappan claimed in the letter written to the CJI that Kappan received injuries on April 20 after falling in the jail bathroom and was reported COVID-19 positive a day later.
She said he was shifted to K M Medical College, Mathura, on April 21, where he is presently "chained like an animal in a cot of the hospital, without mobility, and he neither could take food, nor could go to toilet for the last more than 4 days, and is very critical."
On November 16 last year, the top court had sought a response from the Uttar Pradesh government on the plea challenging the arrest of the journalist.
The FIR has been filed under various provisions of the IPC and the Unlawful Activities (Prevention) Act (UAPA) against four people having alleged links with the Popular Front of India, or PFI.
PFI had been accused in the past of funding protests against the Citizenship (Amendment) Act across the country earlier this year. The KUWJ had filed a habeas corpus petition in the top court against his arrest and immediate release from illegal detention .
The police had said it arrested four people having links with the PFI in Mathura -- Siddique from Malappuram, Atiq-ur Rehman from Muzaffarnagar, Masood Ahmed from Bahraich and Alam from Rampur.
The plea stated that the arrest was made in violation of the mandatory guidelines laid down by the apex court and with the sole intention of obstructing the discharge of duty by a journalist.
Kappan was arrested on way to Hathras, which has been in the news following the death of a 19-year-old Dalit woman who was allegedly gang-raped on September 14, 2020, in a village in the district.
Her cremation at night by the authorities, allegedly without the parents'' consent, has triggered widespread outrage.
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Speaker Khader dismisses BJP's charges of 'delay' in swearing-in of Jeevaraj as MLA
Bengaluru (PTI): Karnataka Assembly Speaker U T Khader on Wednesday rejected opposition BJP's allegations of delaying the swearing-in of D N Jeevaraj as MLA, asserting that the process was being handled strictly in accordance with constitutional provisions and rules.
BJP candidate Jeevaraj, who had lost the 2023 Sringeri Assembly election to Congress leader T D Raje Gowda, was declared elected late Sunday night after reverification and recounting of postal ballots in compliance with a High Court order.
The recount reduced 255 votes from Gowda's tally, overturning his earlier victory margin of 201 votes and reversing the result.
The recount followed an election petition filed by Jeevaraj.
Addressing reporters, Khader maintained that there was no delay in administering the oath to Jeevaraj, who was declared elected from the Sringeri Assembly constituency after a High Court-ordered recount of postal ballots.
“Where have we delayed? The application was submitted at 11 am. If an application is given in the morning and by evening someone says it’s delayed — how is that a delay?” he said, dismissing the allegations.
The Speaker said the matter involved 'technical issues' that required examination before fixing a date for oath-taking.
“When such a matter comes, we also need to examine it and take a decision as per rules. If an application is given in the morning, at least 24 hours must be given,” he said.
Khader stressed that his role was bound by the Constitution and not influenced by political considerations.
“When an elected MLA asks for time, we must give it under the Constitution and law. Can we refuse? No, we have to give it,” he said, rejecting suggestions that he was acting under party pressure.
He also underlined the need for trust in democratic institutions amid the controversy.
“A democracy and parliamentary system must function on trust. Without that, how can democracy be strengthened? Trust is essential,” he said, cautioning against creating suspicion around constitutional positions.
On claims that the delay was linked to the ongoing political and legal dispute over the recount, Khader said the issue did not fall within his purview.
“My responsibility is to act as per the Constitution and rules. I will ensure that whatever is due to them is done as soon as possible,” the Speaker explained.
He said he had already communicated his position when contacted and would formally inform the concerned parties. “There is no delay, nor any intention to delay. I will discharge my duties as per the Constitution,” he said.
Khader also pointed to possible legal complications in hastily administering the oath.
“If I give the oath to one person and tomorrow the court declares someone else the winner, what happens then? Will it automatically cancel? Will confusion arise?” he asked, indicating the need for due diligence.
On concerns that Jeevaraj had lost over two years of tenure, the Speaker said representation was linked to that constituency rather than an individual.
“Whoever becomes the MLA represents the constituency. Benefits are not given to an individual,” he said, adding that issues of alleged irregularities should be examined by the Election Commission.
The remarks come after the Leader of Opposition BJP in the Karnataka Assembly, R Ashoka on Wednesday accused the Speaker of 'deliberately' delaying the oath and approached Governor Thaawarchand Gehlot seeking intervention, even suggesting that the Governor administer the oath if required.
Chief Minister Siddaramaiah termed the process 'Vote Dacoity' by Jeevaraj and said an FIR has been registered against the newly elected Sringeri MLA.
Defending the recount process, Jeevaraj denied allegations of tampering, while the High Court has stayed an FIR filed against him in connection with the postal ballot issue.
