We deem it appropriate to issue the above
direction even though Sh. Tushar Mehta, learned
Solicitor General has emphasised that adequate medical
treatment is being provided as in the case of all
other jail inmates and if need be further facility
shall be extended to the arrestee. We state that the
most precious fundamental ‘right to life’
unconditionally embraces even an undertrial. The
consideration made herein is keeping in view the
peculiar facts and circumstances of this case. Merely
because the other jail inmates are receiving treatment
similar to the arrestee need not deter us.
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (Crl.) No(s). 307 OF 2020
KERALA UNION OF WORKING JOURNALISTS Vs
UNION OF INDIA
Dated: APRIL 28, 2021
This Writ Petition instituted under Article 32 of
the Constitution of India, seeks a writ of habeas
corpus for the release of alleged detenu, namely,
Sidhique Kappan son of Muhammed, who is stated to be a
journalist and a member of the Petitioner Association-
Kerala Union of Working Journalists.
The Writ Petition has been filed on the premise
that the above stated detenu was taken into illegal
custody on 5.10.2020 at 16.50 hours without serving
any notice or order as envisaged under Section 107 of
the Code of Criminal Procedure, 1973 (Cr.P.C.). The
alleged detenu and his associates were, at the time of
detention, going to Hathras (U.P.) to report a
gruesome case of rape and murder of a young girl.
The State of U.P. in its counter affidavit
dated 20th November, 2020 has strenuously controverted
the allegation of illegal detention. A supplementary
affidavit has also been filed by the State of U.P. on
09.12.2020 explaining that the alleged detenu has been
lawfully arrested; firstly, under Section 107/151
Cr.P.C. and thereafter in the FIR No. 199/2020 dated
07.10.2020 registered at Police Station Manth District
Mathura under Sections 153A, 295A and 124A of the
Indian Penal Code, Section 17, 14 of Unlawful Activity
prevention Act, 1967 and Sections 65, 72, 76 of
Information Technology Act, 2008.
At the outset, the Respondent State vehemently
contested the maintainability of the petition by the
Petitioner-Association. However, it may be noticed
that during the pendency of these proceedings, the
wife of the alleged detenu Mrs. Raihanath has also
applied for intervention pleading immediate release of
her husband. Hence the issue regarding maintainability
of the petition filed by the Petitioner-Association as
contended by the respondent has lost its significance.
Apart from the above, since the filing of the present
Writ Petition, various events have taken place such as
the completion of investigation, filing of charge
sheet etc., which mandates this Court not to examine
the aforesaid issue at this stage.
The Petitioner-Association subsequently moved
an application for interim directions and to release
Sidhique Kappan on bail owing to his deteriorating
health condition. This application too has been hotly
contested by the State of U.P., who has on our
directions placed the medical reports of Sidhique
Kappan on record. On perusal of these reports, we find
that Sidhique Kappan had tested COVID-19 Positive on
21st April, 2021, was having fever (T-102F) and had
also suffered an injury as he fainted and fell down in
the bathroom for which intervention of a surgeon was
suggested. The patient was referred to K.M. Medical
College and the ‘bed head ticket’ reveals Sidhique
Kappan as having multiple health issues like diabetes,
heart ailment, blood pressure and bodily injury.
However, the next set of medical reports and the
additional affidavit circulated by the State this
morning show that he has tested COVID-19 Negative.
We have heard Mr. Wills Mathews, learned
counsel appearing for the petitioner(s) and Mr. Tushar
Mehta, learned Solicitor General appearing for the
State of Uttar Pradesh. It may be noted that various
legal issues were advanced before us, however the
enquiry before this Court is limited to providing
adequate health care to the accused, in line with the
limited relief, ultimately sought by the counsel for
the Petitioner. Accordingly, this Court is not called
to examine detailed facts on merits.
From the records, it is clear that the accused was
produced before the jurisdictional court after arrest.
FIR was registered thereafter. Presently, the
investigation against the alleged detenu is complete
and a voluminous chargesheet running into over 5000
pages has been filed. In these circumstances, it would
not be prudent for this Court to continue the present
petition, any further.
Moreover, the alleged detenu has got alternative
remedies including the right to approach the competent
court for the grant of bail and/or the High Court
under Article 226 of the Constitution of India and/or
under Section 482 Cr.P.C for redressal of his
grievances. Still further, it may also be relevant to
note that the co-accused of the alleged detenu have
already adopted such a recourse and sought their bail
before the Competent Court.
We are of the view that owing to the apparent
precarious health condition of the arrestee, it is
necessary to provide adequate and effective medical
assistance to him and to allay all apprehension
relating to his health, it would be in the interest of
justice to shift Sidhique Kappan – the arrestee,
either to Ram Manohar Lohia Hospital or to All India
Institute of Medical Sciences (AIIMS) or any other
Government Hospital in Delhi for the proper medical
treatment. The needful shall in this regard be done
at the earliest.
We deem it appropriate to issue the above
direction even though Sh. Tushar Mehta, learned
Solicitor General has emphasised that adequate medical
treatment is being provided as in the case of all
other jail inmates and if need be further facility
shall be extended to the arrestee. We state that the
most precious fundamental ‘right to life’
unconditionally embraces even an undertrial. The
consideration made herein is keeping in view the
peculiar facts and circumstances of this case. Merely
because the other jail inmates are receiving treatment
similar to the arrestee need not deter us.
Needless to say, as soon as Sidhique Kappan
recovers and the Doctors certify him fit to be
discharged, he would be shifted back to Mathura Jail.
Sidhique Kappan is meanwhile at liberty to avail
appropriate remedy in accordance with law before the
concerned courts for the grant of bail or to challenge
the proceedings or for quashing the chargesheet. In
case such petition/Application is filed by him, it
shall be considered and decided by the concerned court
on its own merits and in accordance with law.
It is clarified that we have not expressed any
views on the merits of the contentious issues raised
by both sides.
With the above directions, the Writ Petition
is disposed of.
The pending application(s), if any, shall
stand disposed of.
.............................CJI
.............................J.
( SURYA KANT)
.............................J.
( A.S. BOPANNA)
NEW DELHI
APRIL 28, 2021
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