Supreme Court Hints At Shifting Siddique Kappan To Delhi For Treatment; Asks UP Govt To Respond By 1 PM Today

first_imgTop StoriesSupreme Court Hints At Shifting Siddique Kappan To Delhi For Treatment; Asks UP Govt To Respond By 1 PM Today LIVELAW NEWS NETWORK27 April 2021 11:52 PMShare This – xUpdate : Supreme Court Directs Shifting Of Siddique Kappan From Mathura Jail To Delhi For Treatment In a major development in the Siddique Kappan case, the Supreme Court on Wednesday hinted that it will shift him from Mathura jail to Delhi for better treatment.A bench comprising Chief Justice of India NV Ramana, Justices Surya Kant and AS Bopanna indicated this intention while hearing the habeas petition filed by Kerala Union of Working Journalists seeking Kappan’s release.Solicitor General Tushar Mehta, appearing for the UP Governemnt, vehemently opposed the suggestion. The bench has asked the Solicitor General to respond to the bench by 1 PM today itself, after taking instructions from the State Government.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 better than travelling all the way to UP”, Justice Surya Kant clarified.When the bench made the suggestion, the SG requested for an adjournment till tomorrow, saying “I am taken aback by this”.Though the SG made repeated requests for adjournment till tomorrow, the bench did not agree, and said that the matter will be taken at 1 PM today.Earlier, the bench heard the arguments of Advocate Wills Mathew for KUWJ, who argued that Kappan was illegally arrested and that the allegations in the FIR and the chargesheet did not constitute any offence.The State of UP today morning filed an affidavit saying that Kappan’s RT-PCR test showed a COVID negative result, and that he has been discharged from Mathura hospital back to jail.Kappan a small time journalist, says petitioner; He has links with PFI, says SGAdvocate Wills Mathew submitted that Kappan was a small-time, low profile journalist doing part-time reporting for an online news portal. He was receiving a salary of Rs.20,000 to 25,000 per month. As a journalist, Kappan will have to come into contact with persons in all walks of life, and he cannot be painted as a culprit merely on the basis of his association, Mathew argued. He stressed that the UAPA case was foisted against Kappan solely on the basis of conjectures and wild baseless allegations.The Solicitor General disputed the journalistic credentials of Kappan, by saying that he was holding an expired press card of a newspaper called ‘Thejus’ which had shut down three years ago. SG emphasized that Thejus was the mouthpiece of Popular Front of India, which was run by former members of SIMI, a banned organization.At this point, the bench asked the SG if the PFI was a banned organization.The SG said that few states have banned it an the Centre was considering it.The SG further said that Kappan and three members connected with PFI were travelling to UP to incite communal riots and social disharmony in the wake of Hathras crime. The SG also highighted that PFI has links with ISIS and has created communal troubles with extremist activities. At this point, the CJI asked the SG “Has he (Kappan) been made an accused in any of those instances?”.The SG replied in the negative.Also, when the SG said that Kappan’s bank account has shown suspicious cash transactions, Justice Surya Kant asked “Were those deposits in thousands or lakhs?This is relevant because Mr.Mathews has talked about his salary”.”I will have to check”, the SG replied.Justice Surya Kant further asked ” There are two projections. One by petitioner that he is a small time reporter, getting paltry irregular income. The projection given by the State in the affidavit is that he is involved in sensitive activities and that he is in direct touch with PFI with monetary consideration”.”All footsoldiers of an extremist organization may not get high monetary consideration. The fact is that he is in touch with ex-SIMI people who are getting crores of foreign funding. I will leave it at that”, the SG sought to close the issue.The SG then attacked the maintainability of the habeas corpus petition filed by the KUWJ.”The petition has been filed by a purported organization of journalists, which is not even a mainstream organization”, the SG said. He further said that bail cannot be granted in a habeas corpus petition, when a person is detained as per a judicial order. The remedy is to seek regular bail before the competent court, the SG said.”Is there any jurisdictional embargo, that while considering a habeas corpus petition a court cannot grant bail?”, Justice Surya Kant then asked.The SG said that he can cite legal precedents to that effect. Later, the bench said that it was only considering the issue of medical treatment for Kappan on humanitarian angle.BackgroundSiddique Kappan, was arrested along with 3 persons by UP Police while they were going to Hathras on October 3, and was subsequently booked under the UAPA alleging that he and his co-passengers were trying to incite communal riots and disrupt social harmony in the wake of the Hathras gangrape-murder case.The Kerala Union of Working Journalists(KUWJ) filed a habeas corpus petition in the Supreme Court last year seeking Kappan’s release on the ground that he was illegally arrested. Later, Kappan’s wife also intervened in the case.Recently, Kappan’s wife wrote to the CJI saying that that he (who has recently tested Positive for COVID-19) is chained like an animal in a cot of the Medical College Hospital, Mathura, without mobility, and that he is not able to take food, go to toilet for the last more than 4 days, and is very critical.The letter also stated that the Writ of Habeas Corpus (seeking Kappan’s release) petition filed on 06th October 2020 which was supposed to be disposed of on 09th March 2021 had not been disposed of despite it being listed it more than 7 times.Thus, it sought immediate steps/ necessary orders are passed to release Kappan from the Medical college Hospital back to the Mathura Jail as an interim relief, till the disposal of the mentioning application filed on 22nd April 2021.It may be noted that Citing medical emergency, the Kerala Union of Working Journalists (KUWJ) has moved the Supreme Court seeking the transfer of Kerala Journalist Siddique Kappan to All India Institute of Medical Sciences (AIIMS) or Safdarjung Hospital, Delhi.In its plea, the Kerala Union of Working Journalists (KUWJ) has submitted that on 20th April 2021, Kappan collapsed in the bathroom with serious injuries and later on he tested positive for COVID-19 and is presently hospitalized in a Mathura hospital.The UP Government alleged that Kappan was linked to the Popular Front of India and was trying to incite communal riots under the garb of a journalist.The KUWJ has denied that Kappan has any connection with the Popular Front of India (PFI). In this regard, the KUWJ states that the UP Government has taken inconsistent stances in two affidavits. Tags#Siddique Kappan Supreme Court CJI NV Ramana Justice Surya Kant Justice AS Bopanna Solicitor General Tushar Mehta Uttar Pradesh Government Next Storylast_img read more

Croatia hopes it has finally found a team to better 1998 heroes

first_img0Shares0000Croatia fans celebrate victory against Russia in the World Cup quarter-finals © AFP / Denis LovrovicZAGREB, Croatia, Jul 9 – Croatia’s first World Cup semi-final for two decades has revived the memories of the country’s football highpoint and raised hopes that Luka Modric’s side can go one better than their legendary predecessors.After a dramatic win on penalties against Russia, Croatia will play England on Wednesday in front of 80,000 people in Moscow’s Luzhniki Stadium for a place in the World Cup final. In 1998, Croatia, which had emerged from a bitter independence war only three years earlier, made its debut at a World Cup finals.With a team featuring Davor Suker, Zvonimir Boban and Robert Prosinecki wearing blues shirts with a distinctive red and white chequerboard pattern, they beat World Cup giants Germany 3-0 in the quarter-finals in France, sparking delirium at home.Although Croatia went on to suffer an agonising 2-1 defeat to host nation France in the semi-finals, they beat the Netherlands 2-1 in the third-place playoff.Nicknamed “the Fiery Ones”, that team has stood as an example to their successors ever since.Now, finally, there is a team ready to join them in Croatian football’s pantheon of heroes.Robert Prosinecki, a member of the 1998 squad, told AFP: “I would so much like that they be better than us.Croatia captain Luka Modric, Darijo Srna and Mario Mandzukic are pictured on a mural in Zagreb © AFP“1998 will never be forgotten and should not be, but I would love it if eventually the 1998 ‘Fiery Ones’ can be moved aside so that we can talk not only about 1998 but also a bit about 2018,” the former Real Madrid player said.– Confined to history –The coach of the 1998 side, Jaroslav Ciro Blazevic, told AFP that for a long time he did not want any other team to match his players’ achievements.“Until five or six years ago I was bit vain, and in a way glad that in 1998 we set the bar so high that it was difficult to even contemplate, let alone jump over it.“But now … I pray and I would give anything in the world that this squad eventually ‘confines us to history’. That in future we talk about them,” said Blazevic, now 83, and known in Croatia as the “coach of all coaches”.The penalty shootout win against hosts Russia in the quarter-finals on Saturday seems to have gone a long way towards achieving that.“We’ve been always returning to the 1998 team…. putting a new burden on Modric and his team. Until last night, when all the pain was removed and when we finally experienced a revival of 1998,” the Sportski Novosti newspaper said after that match.Miroslav Blazevic, on the left, hopes the current Croatia team will better his 1998 side © AFP / ELVIS BARUKCICSquares packed with red-and-white painted fans, stalls selling football jerseys and flares, and drivers blaring their horns, people hugging and singing — scenes reminiscent of 1998 are all around as the country of around four million people lives and breathes football.“We are glad that this generation experiences its own 1998, that they can see live what football euphoria looks like … at least we will not have to explain it to them on YouTube any more” Sportske Novosti said.During the group stage in Russia, coach Zlatko Dalic said it was difficult to compare generations when events were separated by a 20-year gap.“We have nice memories from France, our players did a great job … We want to get close to them, although it is difficult to repeat this endeavour, but we will try,” the 51-year-old told reporters.Two days before the clash with England he sounded more confident.“We respect everyone — England, Belgium, France. But none of the three squads is better than us!”On Wednesday, his team has a chance to write a new page in Croatia’s football history.Former international Mario Stanic remembers perfectly the defeat to eventual winners France in the 1998 semi-final, although he would rather not.“In three days we went from top to bottom, emotionally,” Stanic, 46, told AFP.“For me it was the utmost low, since I knew we were a step from making history and we failed.”But Stanic said he did not want to compare his team with the current one.“We had our story, they have their own. Thank God for this generation which has managed to get to a semi-final and justify Croatia’s status as a football superpower… at least a small one,” the former Chelsea midfielder said.0Shares0000(Visited 1 times, 1 visits today)last_img read more