The Supreme Court has asked the Kerala journalist who was arrested last week while on his way to UP's Hathras, and charged under anti-terror law UAPA, to first approach the Allahabad High Court for bail, saying he could return if the High Court did not grant relief.
A three-member bench of the top court that was led by Chief Justice of India SA Bobde said it would keep the case pending and adjourned the hearing for four weeks, within which time the journalist can apply to the High Court.
"Go to Allahabad High Court," the Chief Justice said, to which senior advocate Kapil Sibal, appearing for the Kerala Union of Journalists - which had filed the plea seeking the release of journalist Siddique Kappan, replied: "UAPA has been invoked. Bail will never be granted. He will be in jail for several months."
Chief Justice Bobde responded: "It won't take so long. Go to the correct court. If it does not happen there, then come here. We are simply adjourning for four weeks."
The petition filed today challenged the detention of Mr Kappan as "illegal" and directed the UP government to produce him in court. Specifically, the petition said the arrest was a deliberate attempt to prevent him from discharging his duty as a journalist
The petition also said the arrest violated guidelines laid down by the top court. The UP government had failed to inform either Mr Kappan's parents or his colleagues about his arrest and place of detention.
Siddique Kappan was travelling to Hathras to cover the situation following the alleged gang rape and death of a 20-year-old Dalit woman - a crime that has triggered outrage across the country.
In a statement the police said they had received information that some "suspicious people" were on their way to Hathras from Delhi. Following the tip-off, the men - Mr Kappan, Atiq-ur Rehman, Masood Ahmed and Alam - were stopped in Mathura and later arrested.
UP Police have been heavily criticised for their conduct during this case, with the family of the young woman alleging the cops were slow to react to the initial complaint.
Much of this criticism has also been directed for the furtive 2.30 am cremation of the woman's body, carried out by the police while they allegedly locked up her family inside their homes.
The police and UP government have also been criticised for a media blockade of the woman's village, which included keeping the family under house arrest, and which lasted for 48 hours.
Both have since been summoned by the Allahabad High Court, which declared itself "shocked (by) allegations of high-handedness... resulting in violation of basic human rights".
The High Court began hearing this matter today.
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