The Supreme Court on Wednesday ordered the immediate transfer of Kerala journalist Siddique Kappan from the Mathura jail to a hospital in Delhi for treatment. Solicitor General Tushar Mehta, representing the Uttar Pradesh government, made desperate arguments against Kappan’s transfer, but the Supreme Court Bench headed by Chief Justice of India NV Ramana ordered the government to make arrangements for Kappan’s treatment at the AIIMS, RML or other hospitals. The top court also granted liberty to Kappan to approach an appropriate forum challenging his arrest or for any other relief
CJI Ramana said after hearing the arguments made by both lawyers, “Taking into consideration facts of the case, we dispose of the writ petition. Even though Mr. Mehta very seriously opposed, we are directing the State to shift the accused to RML or AIIMS or wherever treatment can be done.”
CJI Ramana, according to Livelaw, added, “After his treatment, he may be taken to approach the relevant Court.”
Not happy by the order, SG Mehta said, “Then Court needs to direct that one bed may be vacated in the hospital. One COVID positive will have to vacate.” CJI Ramana replied, “You can decide.”
Mehta said, “I cannot request a COVID positive patient to vacate for a 42-year-old COVID negative patient. ” The CJI concluded by saying, “Leave it.”
Kappan, who was arrested by Uttar Pradesh’s Yogi Adityanath government while he was on his way to cover the death of a Dalit gang-rape victim in Hathras last year, had reportedly collapsed in his bathroom and tested positive for COVID-19. There were also reports that Kappan was being chained to his bed by the jail authorities.