The Supreme Court Bench of Chief Justice of India NV Ramana and Justices Surya Kant and AS Bopanna has ordered the Uttar Pradesh government to shift Kerala-based journalist Siddique Kappan to a Delhi hospital for better medical treatment, reported Bar & Bench.
Siddique had taken a fall in the bathroom jail and injured himself. Thereafter, he was taken to a Hospital in Mathura where he was allegedly chained to the bed like an animal and was being ill-treated.
The court said, “We direct that Siddique Kappan be shifted to RML Hospital, or AIIMS or any other government hospital in Delhi. After recovery, he can be sent back to Mathura Jail.” The court added that he can then approach a lower court for bail.
The Supreme Court was hearing an application filed by Kerala Union of Working Journalists (KUWJ) seeking Kappan’s transfer from the Mathura hospital to All India Institute of Medical Sciences or Safdarjung hospital in Delhi citing medical emergency. Kappan’s wife Raihanth, had also written to CJI Ramana for his intervention to release Siddique from the hospital and be sent to Mathura jail till his plea for release from jail was heard.
Yesterday on April 27, the top court had called for his medical records. Today, before directing Siddique Kappan to be shifted to Delhi, the court had hinted at this which was opposed by Solicitor General Tushar Mehta, reported LiveLaw. The Bench asked him to respond to them by 1 P.M. today itself, after taking instructions from the State Government.
LiveLaw quoted the Bench saying, “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 diabetes, Blood Pressure, he has suffered an injury while in jail. Will he be able to get adequate medical help in jail?”
But the SG asserted that the facilities in Mathura hospital are sufficient to look after Siddique. “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 special treatment just because a so-called association of journalists has filed a habeas corpus petition? Why should an accused who is associated with a banned organization get preferential treatment over honest tax payers”, he argued, according to LiveLaw.
He further contended that people with multiple organ failure are also treated in the state without being transferred to Delhi. The Bench refuted these arguments stressing on the “humanitarian angle of health”. It said, “..this writ petition has been pending for long. Mr Mehta, it is also 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 medical issue..”
The SG again asked for an adjournment as he was reportedly “taken aback” by the observation made by the Bench. But the Bench did not agree and posted the matter at 1 P.M today. Undeterred, the SG also tried to argue that Siddique was a member of Popular Front of India, that has links with ISIS, responsible for creating communal troubles with extremist activities. He asserted that Siddique was traveling to Hathras on October 5 last year to create caste and communal divide. At this point, according to a LiveLaw report, the CJI asked Tushar Mehta, “Has he (Kappan) been made an accused in any of those instances?” Mehta replied in the negative.
When the Bench re-assembled after 45 minutes around 1 in the afternoon, SG Mehta said that Kappan has been adamant to not approach the competent court for bail for the past few months. He further pointed out that a lot of old people who are Covid positive, are not getting beds and said that Kappan was not Covid Positive, reported Bar & Bench.
He was quoted arguing, “I know a lot of people who are not getting beds. I personally know someone who got a bed with much difficulty…If there is any medical emergency, then the State undertakes that Mathura hospital will examine him and whatever needs to be done without fear and favour.”
The Court, however, said that it has decided to order shifting Kappan to Delhi for medical treatment. Tushar Mehta then said that the Court may pass a direction to one of the hospitals to vacate a bed. “I won’t be able to ask a Covid positive patient to vacate a bed for non-Covid patient”, he said, according to Bar & Bench.
But the three-judge Bench disposed of the petition by saying, “Mr Mehta you sort it out with the government. We leave it here.”
Related:
SC seeks medical records of jailed journalist Siddique Kappan
Siddique Kappan ‘chained like an animal in hospital’: Wife writes to CJI Ramana
Siddique Kappan tests Covid positive, collapses: Plea in SC to transfer him to AIIMS