In the matter concerning the arrest of the Kerala Journalist Siddique Kappan, the State Government of UP told the Supreme Court that, the Journalist was arrested on his way to Hathras for using Tejas newspaper Identity card which was shut down in 2018 and is no longer operative. An affidavit was filed in the Supreme Court against the Kappan from Popular Front of India, accusing the journalist and his team members for aiming to create caste divide and law & order problems. It was submitted that Kappan was trying to deceive the state authorizes by hiding under “journalist cover” by showing the identity card of a closed newspaper agency. The primary contention of the Petitioners (Kerala Union of Working Journalists (KUWJ)) was that Kappan was prohibited from meeting with his family members and his lawyers.
This was refuted and the state contended that Kappan had hired a lawyer who even appeared before the Magistrate, further adding to the submission the state government stated that during the arrest of Kappan and the co-accused it was found that they had incriminating pamphlets along with them. The pamphlets had content that would agitate the locals and create a caste divide. Therefore, the respondents submitted that the present petition filed under Article 32 of the Constitution of India is not maintainable and for a person under judicial custody, he should be approaching the jurisdictional High Court i.e. High Court of Allahabad. Further refuting the allegation the UP government stated that the accused have been misleading the Special Task Force. When their premises were searched under the authority of the search warrant, other incriminating materials were recovered.
Kappan was arrest at a toll plaza while he was on his way to Hathras to cover the gruesome gang-rape case of 19-year old Dalit women. Thus, accordingly, he was charged under the Unlawful Activates Prevention Act (UAPA). In light of which the petitioner approached the apex court of the country for fundamental rights violation under Articles 14, 19, and 21 of the Constitution.