Mahima
The Supreme Court directed shifting of journalist Siddique Kappan from Mathura Jail to Ram Manohar Lohia Hospital or AIIMS or any other government hospital in Delhi for medical treatment.
The direction also states that after recovery Kappan shall be sent back to Mathura Jail and remain under custody under allegations of creating communal unrest in UP following the Hathras gangrape case.
The bench of Chief Justice of India NV Ramana and Justices Surya Kant and AS Bopanna passed the order while hearing habeas petition filed by Kerala Union of Working Journalists seeking Kappan’s release.
The bench also gave liberty to Kappan for seeking appropriate legal remedies for bail.
Solicitor General Tushar Mehta appeared for the UP government and opposed Kappan’s shifting to Delhi and explained, “We are dealing with a 42-year-old Covid negative patient. There are about 50 covid patients with or without comorbidities in Mathura jail and they are treated at Mathura Hospital. In Mathura, there are several Covid positive people with comorbidities who are not getting beds.
In Delhi also, (Covid) positive people are not getting beds. I also know many bonafide mainstream journalists who are struggling with life due to Covid. Despite much efforts we could not get beds.
I have been arguing from day one that this man has to go to competent court and apply for bail. Instead of doing that, he is fighting the case here coming under an association.
I have difficulty, if he is to be given one bed at the cost of a Covid positive patient. If there is any medical emergency, the state undertakes that Mathura hospital will immediately examine him”.
The bench discussed, “You have to consider the suggestion in the context of the precarious health condition of the person and the ultimate responsibility of state. He has the problem of diabetes, blood pressure, he has suffered an injury while in jail. Will he be able to get adequate medical help in jail?”
The SG replied, “Thousands of honest tax payers are getting treatment in Mathura Hospital. Why should an accused get a special treatment over honest tax payers just because a so-called association of journalists has filed a habeas corpus petition?
CJ Ramana while passing the order maintained, “It is in the interest of the state and you have to protect him when he is in your custody. Let him get better medical facilities. We are confining only to the issue of medical issue”.
