• APPEAL NO: WRIT PETITION(criminal) no(s). 307 of 2020
  • JUDGE/ BENCH: Former CJI N.V.Ramana, Justice A.S. Bopanna, Justice Surya Kant
  • DATE OF JUDGEMENT: 28 April, 2021
  • SUBJECT MATTER: Writ Petition (Habeas Corpus)
  • STATUES/ CONSTITUTION INVOLVED: Indian Penal Code, Civil Code of Criminal, Unlawful Detention (Prevention) Act
For Petitioner(s)
  • Mr. Wills Mathews, Adv.
  • Mr. Koshy John, Adv.
  • Mr. Shree Pal Singh, AOR
For Respondent(s)
  • Ms. Garima Prashad, AOR
  • Mr. Tushar Mehta, SG
  • Mr. Rajat Nair, Adv.
  • Mr. Kanu Agrawal, Adv.
  • Ms. Garima Prasad, Adv.
  • Mr. B. V. Balaram Das, AOR
  • Mr. Shree Pal Singh, AOR
  • The Writ Petition seeks a writ of habeas corpus for the release of Sidhique Kappan, a journalist and member of the Kerala Union of Working Journalists, who was taken into illegal custody without serving any notice or order, allegedly due to a case of rape and murder.
  • The State of U.P. has refuted allegations of illegal detention and has filed a supplementary affidavit stating that the alleged detainee was lawfully arrested under various sections of the Indian Penal Code, Unlawful Activity Prevention Act, 1967, and Information Technology Act, 2008.
  • The respondent State contested the petition’s maintainability, but the detainee’s wife, Mrs. Raihanath, also applied for immediate release, thereby reducing the maintainability issue.
  • The Petitioner-Association filed a petition for interim directions to release Sidhique Kappan on bail due to his deteriorating health condition. The State of U.P. contested this application, citing medical reports showing Kappan tested positive for COVID- 19, had fever, and suffered an injury. The next set of medical reports and the petitioner-association’s application are expected to provide more information.
  • The court has heard an affidavit from the State stating that the accused has tested COVID-19 Negative. The inquiry is limited to providing adequate healthcare to the accused, and the investigation against the alleged detenu is complete. The court is not called to examine detailed facts on merits, and the alleged detenu has received alternative options.
  • The court has directed the arrestee, Sidhique Kappan, to be transferred to a government hospital in Delhi for medical treatment due to his precarious health condition. The court believes that providing adequate medical assistance and transferring him to a suitable facility is in the interest of justice and should be done promptly. The co-accused has already sought bail before the competent court.
  • The Solicitor General stated that Sidhique Kappan is receiving adequate medical treatment and will be shifted back to Mathura Jail once he recovers and is deemed fit for discharge. He is allowed to seek bail, challenge proceedings, or quashing the chargesheet in court. The Writ Petition is disposed of, and any pending applications will be disposed of. The fundamental right to life is unconditionally embraced, even for undertrials.
  • Fundamental Rights, Writ Of Habeas Corpus And Under Trials Prisoners
  • Legality Of Arrest Without Prior Notice
  • Maintainability Of Petition and Inteim Release Due To Deteriorating Health Condition
  • SECTION 107 OF CrPC:
  • According to this section gives the power to the executive magistrate to issue a bond to furnish security, when he receives any information regarding the breach of peace and security or any other unlawful activity, to the person who is causing the same.
  • UAPA(Unlawful Activities Prevention Act):
  • According to this act gave powers to the Central Government to declare individuals as a terrorist without any judicial procedure so as to prevent the unlawful associations working against the integrity and sovereignty of the nation.
  • SECTION 124A:
  • According to this section makes the persons liable for any statement, either written or spoken, or by signs, or by representation, or otherwise, attempts or brings any hatred or contempt, which intends to encourage or produce enmity and dissatisfaction against the government established under law and order.[2]
  • SECTION 153A:
  • According to this section penalises the person whose statement promotes enmity between different groups on various grounds including religion, caste, sex, language etc. or anything which is prejudicial to the harmony among people, thus imposing criminal liability and considered as non- bailable offence which can directly be tried by the first class magistrate.[3]
  • SECTION 482 of CrPC:
  • According to this section preserves the inherent powers of the high court to prevent the abuse of process by any court so as to serve the ends of the

justice. It gives the powers to quash the FIR if it fails to meet the ends of justice.

  • Section 43A of the Act gives unlimited powers to the designated authorities to make arrests based on his own personal knowledge or information furnished by any other person or article or anything which may furnish the evidence for commission of the offence.
  • The Hathras Gang Rape Case [14th September,2020]
  • A gang rape and brutal assault happened with a girl in UP. The victim was 19 year old Dalit girl. Sidhique was on the way to Hathas to report on this incident.
  • Illegal Arrest
  • Sidhique Kappan was illegally arrest without any prior notice or order.
  • The state of Uttar Pradesh however claim that the detention was lawful.
  • Legal Proceedings
  • The petitioners wife saw the immediate release of a husband due to his deterorating health conditions.
  • The court order Siddiqui couple to be shifted to a hospital for treatment once you recovered he was to be transferred back to Mathura jail.
  • He was granted the liberty to avail alternative ridemities such as applying for bail or challenging the proceedings.
  • Constitution provisions
  • Article 32: The right to move to the supreme court for the violation of fundamental rights
  • Writ of Habeas Corpus: The petitioners arrest detention was examine for its lawfulness.

Without the FIR being filed or without any prior information being provided as mentioned under the CODE OF CRIMINAL PROCEDURE, no matter that in between the proceedings all the procedure required was completed.


Article 21: “Protection of Life and Personal Liberty:

  • No person shall be deprived office life or personal liberty except according to procedure established by law
  • Even under trials are subject to fundamental right to life
  • The case rear field that even underdogs are subject to the fundamental right to life they are entitled to receive adequate medical aid and other reliefs pertinent to their needs.
  • In this case the importance of safeguarding individuals rights, in special exceptional cases and duty of state to ensure the well being of person who are detained.
NAME: Kavya Jaggi

COLLEGE: Jai Narain Vyas University, Jodhpur