On Friday, the Apex Court allowed the lawyer to meet the accused, journalist Siddique Kappan, arrested by UP Police & who is lodged in jail to ensure his signature on the vaqalatnama (document empowering a lawyer to act for & on behalf of his client) to facilitate his bail in the case.
A bench of the Supreme Court, headed by CJI S A Bobde, allowed Kapil Sibal, to meet the accused, S Kappan, arrested by the Uttar Pradesh Police.
The CJI, leading the bench of the Top Court, said, as there is no objection (by the UP Govt) to Lawyer, approaching the accused in question for his alleged offence, for getting his signature in the vaqalatnama in the case, so this Court allows the lawyer to meet the accused in the jail.
The Apex Court now will hear the case after a week.
The journalist was later booked under the UAPA (Unlawful Activities & (Prevention) Act).
On the last date of hearing, the Supreme Court had issued notice to the UP Govt & sought its response in the case.
Senior Advocate Kapil Sibal, appearing for arrested Kerala journalist, S Kappan, had argued before the Supreme Court that the FIR doesn't mention any offence of the journalist. "I am being arrested in the case, without I being committed any offence," he represented.
"Why should I be in jail?" Kapil Sibal had argued for S Kappan.
The KUWJ (Kerala Union of Working Journalists) had filed the habeas corpus petition before the Apex Court on Oct 6, seeking its direction to immediately release of its Delhi unit Secretary, & senior journalist, Siddique Kappan, from the illegal arrest & detention from UP police.
Siddique Kappan was arrested at a toll plaza near Hathras, while on his way to Hathras in connection with his reporting assignment to cover the brutal gangrape & murder of a 19-year-old girl.
The petitioner, KUWJ, stated in its habeas corpus petition that the journalist, Kappan, & a member of the union (KUWJ) was arrested at a toll plaza near Hathras, while on his way to Hathras in connection with his reporting assignment.
The arrest was made in complete violation of the Supreme Court guidelines issued in the DK Basu versus West Bengal case. The petitioner sought the Apex Court's direction to immediately release the senior journalist, Siddique Kappan, from the illegal arrest & detention from Uttar Pradesh police.
The arrest was with a view to obstruct the discharge of duty in the capacity as a journalist. The denial of access to the place of offence for reporting is a gross violation of articles 14, 19 & other sections of the Indian Constitution, the KUWJ, said in its petition.
The respondents -- Union of India (UOI), state of Uttar Pradesh, DGP Uttar Pradesh & others -- are solely responsible for the illegal arrest & detention of Kappan & thereby the Apex Court should pass appropriate directions & orders & immediately release Kappan from the illegal arrest & detention from the clutches of Uttar Pradesh police, the petition stated.
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