Supreme Court Directs Shifting Of Siddique Kappan From Mathura Jail To Delhi For Treatment

The Supreme Court on Wednesday directed that Kerala journalist Siddiqque Kappan be shifted from Mathura Jail in Uttar Pradesh to a government hospital in Delhi for medical treatment.He has to be given treatment at Ram Manohar Lohia Hospital or AIIMS or any other government hospital in Delhi.After his recovery, he has to be sent back to Mathura jail, where he is under custody in a UAPA case on the allegation that he was trying to create communal unrest in UP after the Hathras gangrape-murder crime.A bench comprising Chief Justice of India NV Ramana, Justices Surya Kant and AS Bopanna passed the orrder while hearing the habeas petition filed by Kerala Union of Working Journalists(KUWJ) seeking Kappan's release. The bench has disposed of the habeas corpus petition and has given liberty to Kappan to seek appropriate legal remedies for bail.Solicitor General Tushar Mehta, appearing for the UP Government, vehemently opposed the shifting of Kappan to Delhi. The SG said that giving a hospital bed to Kappan, who is a 42 year old COVID negative person, when several thousands of COVID positive persons with comorbidities are finding it difficult to get hospital admission, was unjustified. The SG said that the jail authorities will give necessary medical care to Kappan.In the morning session, after expressing an inclination to shift Kappan to Delhi, the bench asked the SG to respond by 1 PM today itself after taking instructions from the Government.At 1 PM, the SG reiterated his earlier stand :"We are dealing with a 42 yaer old Covid negative patient. There are about 50 covid patients with or without comordities in Mathura jail, and they are treated at Mathura hosptal. In Mathura, there are several Covid positive people with comorbidities who are not getting beds. There is huge resurgence(of COVID) in UP and people 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 bed. 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 also found that there are 7 trains to and fro connecting Mathura to Kerala. It is not as if Kerala is not connectable with Mathura. So,shifting him to Delhi so that the family is more comfortable coming to Delhi is doing injustice to lakhs of others. 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 SG said.The bench observed that it was only considering at present the issue of medical treatment of Kappan - who is said to have suffered a fall in the jail and suffering from various comorbidities- and said that it was the responsibility of the state to protect him while he was under its custody."You have 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 diabetics, Blood Pressure, he has suffered an injury while in jail. Will he be able to get adequate medical help in jail?", the bench asked the Solicitor General.The SG said that the facilities in Mathura hospital are sufficient."Thousands of honest tax payers are getting treatment in Mathura hospital. People with serious health problems are getting treatment in the State of Uttar Pradesh. Why should the accused get a special treatment just because a so-called association of journalists has filed a habaes corpus petition?Why should an accused who associated with banned organization get preferential treatment over honest tax payers", the SG said.The SG further said "in that very jail, there would be not less than not 100 people with comorbidities"."But they are not before us. Also this writ petition has been pending for long", CJ Ramana observed."Yesterday you filed an affidavit saying he had fainted in jail. Life of every person is valuable. We know it is difficult to get hospital facilities, we are aware of it", CJ Ramana added."Mr Mehta, for the time being we should ignore the tag of the organization, because the wife of the accused has also filed an application", Justice Surya Kant pointed out.CJ Ramana added " Mr Mehta, it is also in the interest of 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""We are only on the humanitarian angle of health", CJI Ramana added."People with multiple organs failure also get treatment in UP", the SG replied.The bench then sought to clarify that its order was not a reflection on the state government."Please don't misunderstand. Our concern is ..for a person residing in Kerala, access to a Delhi hospital will be ...

Supreme Court Directs Shifting Of Siddique Kappan From Mathura Jail To Delhi For Treatment

Radhika Roy

Tags