Anushka Mansharamani
The Supreme Court of India has adjourned the Habeas Corpus petition which sought the release of the Kerala journalist, Siddique Kappan till January 2021.
Journalist Siddique Kappan was illegally detained by the Uttar Pradesh Police while he was on his way to report the Hathras incident.
This plea regarding his illegal detention is submitted to be violative of his fundamental rights guaranteed under Articles 21, 19 and 14 of the Constitution of India as per the guidelines put forth in the case of D.K. Basu v. State of West Bengal.
The Kerala Union of Working Journalists (KUWJ) through its plea filed in the Supreme Court of India, asked the Apex court to exercise its constitutional power to grant leave to Siddique Kappan for the illegal arrest that took place.
The KUWJ further asked for the appointment of a retired judge on this case in order to conduct a judicial inquiry for the submission of the report in 30 days.
The Union, however, disregarded all the claims made by the Uttar Pradesh government and called them false and self-contradictory.
The government’s affidavit submitted was stated to have misrepresented facts in a way to justify their actions.
It further stated that the State has the constitutional obligation to uphold the freedom of speech and media.
The Uttar Pradesh government had submitted in its affidavit that Siddique Kappan was using the journalists cover by showing identity card of a newspaper named Tejas in Kerela which was shut down in 2018.
According to the investigations carried out by the state, Siddique Kappan along with other journalists were on their way to report the Hathras incident only under the garb of journalism with the only aim to create a caste divide and to disturb the current law and order.