“COVID positive patients are having difficulty getting beds across the country. Why should we waste one bed for a 42-year-old Covid negative person who has no health issues except diabetes?” argued Solicitor General Mr. Mehta.
On Wednesday, the Supreme Court ordered the Uttar Pradesh government to shift arrested journalist Siddique Kappan to “RML (Ram Manohar Lohia Hospital) or AIIMS or wherever his treatment can be done.” The Court has also noted that after Kappan’s treatment, he be transferred back to Mathura jail after the doctor certifies him to have recovered.
A bench led by CJI NV Ramana, Justices Surya Kant, and AS Bopanna were hearing a plea filed by the Kerala Union of Working Journalists (KUWJ) seeking transfer of Kappan from UP hospital to All India Institute of Medical Sciences in Delhi citing medical emergency.
“He is presently hospitalized in KM Medical College, Mathura. It is reliably believed that more than 50 inmates of Mathura Jail are suffering from COVID, with various scarcities, and even drinking water from the toilet, seriously affecting hygiene, health, all leading to a major disaster in the making. In short, as of today, the life of Mr. Sidhique Kappan is in danger for all reasons,” the application said, reported Bar & Bench
"Fundamental right to life unconditionally embraces even an undertrial:" Why Supreme Court ordered shifting Siddique Kappan to Delhi hospital
[READ ORDER]#SupremeCourt #SiddiqueKappan
https://t.co/QHzaN30Eo9— Bar & Bench (@barandbench) April 28, 2021
Solicitor General Tushar Mehta, appearing for the UP Government opposed the plea and argued that due to the current bed shortage in Mathura, Delhi will mean that to accommodate Kappan, a COVID-19 positive patient will have to vacate his/her bed. “In Mathura, a huge number of people are not getting beds. I personally know huge, bona fide journalists who are not getting beds. With much difficulty, we got a bed,ā he said.
“Covid positive patients are having difficulty getting beds across the country. Why should we waste one bed for a 42-year-old Covid negative person who has no health issues except diabetes?” argued Mr. Mehta.
Also Read: As Covid Crisis Worsens, US Tells Citizens To Leave India
“We state that the most precious fundamental āright to lifeā unconditionally embraces even an undertrial. The consideration made herein is keeping in view the peculiar facts and circumstances of this case,” the Court held.
Solicitor General Mehta’s statement has raised eyebrows because it contradicts what UP CM Yogi Adityanath had said a couple of days back. The Chief Minister clearly denied any oxygen or bed shortage in the state.
Siddique Kappan, a journalist working with Azhimukham, a Malayalam news portal and secretary of the KUWJās Delhi unit, was arrested along with three others in Uttar Pradesh in October while on his way to Hathras to report on the gang-rape and murder of a 19-year-old Dalit girl.
They were later booked under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) slapped with charges of sedition, and accused of having links with PFI, an organization that the Centre was ‘in the process of banning’, according to the SG.
As an independent media platform, we do not take advertisements from governments and corporate houses. It is you, our readers, who have supported us on our journey to do honest and unbiased journalism. Please contribute, so that we can continue to do the same in future.
