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‘SC Order Violated’: Kappan’s Lawyer Sends Notice to UP Govt

·4 min read

Siddique Kappan’s lawyer Wills Mathews has sent a contempt of court notice to the Uttar Pradesh government for allegedly not complying with the Supreme Court’s order dated April 28, 2021.

In that order, the apex court had directed Kappan to be shifted to a government hospital in Delhi for receiving adequate medical treatment. As per the order, Kappan was supposed to be shifted back to Mathura jail “only after his recovery”.

The notice states that Kappan was admitted to AIIMS on April 30, but neither his lawyer nor his family was given any information about his treatment.

Also Read: Illegal, Immoral: Lawyer on Siddique Kappan’s Discharge From AIIMS

Kappan Tested Positive For COVID19

Matthews has categorically stated in his notice that the medical report of AIIMS states that Kappan tested positive for COVID-19.

This is completely different from the information given by the Solicitor General Tushar Mehta before the Supreme Court while opposing Kappan’s treatment in Delhi. Mehta had informed the court that Kappan was COVID negative.

"Any how as per medical records, he (Kappan) is tested COVID Positive on 02.05.2021. How a person with diabetes and other serious medical issues recover from COVID in 6 days,and again got COVID in another 6 days of recovery ? Our clients fear the correctness of your pleadings/ affidavit filed in the Supreme Court. Whether the stand taken by you about COVID Negative report of Mr. Kappan on 28.04.2021 was just to deny the basic rights of our clients and deny him of the rights to get treatment, only an investigation by a retired Judge of a Constitutional Court can bring the correct results. (sic)" - Contempt Notice

“You cannot play with the life of a citizen in this manner, and the seriousness of the matter lies in the fact that your illegal /contemptuous action is despite having specific directions from the Supreme court,” Matthews further conveyed to the UP government.

Family Kept In The Dark

The notice further claims that the UP government “wilfully and deliberately” violated the directions of the court.

It stated that Kappan’s family kept requesting the authorities for a meeting with him, or to get information on his treatment, but it was of no use.

It was only on May 07, that Kappan’s wife got a phone call from him wherein he informed her that he had been deprived of sleep while being shifted back to Mathura jail, where he was being kept like an animal.

"UP government is liable for these illegalities, and was duty bound to ensure that, the state is governed according to procedure established by law. " - Contempt Notice

Illegal, Immoral: Lawyer on Siddique Kappan’s Discharge From AIIMS

Kerala journalist and UAPA-accused Kappan was discharged from AIIMS late in the night on Thursday, 6 May, and taken back to Mathura Central Jail without informing his lawyer or his family, The Quint has confirmed with his lawyer and jail authorities.

The family and lawyer allege that his transfer from AIIMS had been done in a “secretive, immoral, illegal and humiliating manner”. Kappan’s wife, Raihanath, came to Delhi with her eldest son on 1 May – a day after her husband was moved to AIIMS – to meet him and know about his medical condition. “We do not even know where he has been taken after being discharged. They should at least tell us where he is,” Raihanath told this reporter.

Mathura Jail Superintendent Shailendra Kumar Maitreya confirmed that Kappan was brought to the jail around 2:30 am on Friday, 7 May.

However, he told this reporter to ask Kappan’s family why they insisted on defying the rules during this pandemic. “We cannot let them meet in jail or at the hospital, considering the surge in cases. He is already getting treatment at India’s best hospital. What else can he ask for? My job is not to give regular updates to the family of the accused. I am not legally or morally responsible. I am only answerable to the court,” he said.

. Read more on Law by The Quint.‘SC Order Violated’: Kappan’s Lawyer Sends Notice to UP Govt New Assam CM: Why Did BJP Pick Himanta Biswa Sarma Over Sonowal? . Read more on Law by The Quint.

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