New Delhi: The Supreme Court on Monday issued notice to the CM Yogi Aditynath led Uttar Pradesh government and the police on bail plea of Kerala Journalist, Siddique Kappan, who was detained on his way to Hathras for covering rape and murder of a girl and booked under Unlawful Activities Prevention Act(UAPA).
However, CJI was not initially inclined to hear the bail plea and said that they are trying to discourage petitions under Article 32.
A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian asked the counsel for the Kerala Union of Working Journalists (KUWJ) as to why it has not approached the Allahabad High Court and came to it straight away.
"We will issue notice. We are keeping it on Friday," the bench said when senior advocate Kapil Sibal, appearing for the association, sought bail for the scribe saying that there was nothing against him.
"The FIR does not name him. No offences alleged. He is in jail since October 5," Sibal said.
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While raising questions about not approaching the high court, the bench said, "We are not on merits of the case. Why haven't you gone to the High Court."
Earlier, the top court had said it would hear the plea after four weeks and in the meantime, the journalists' body could approach the Allahabad high court for the relief.
Last week in a special hearing of Republic TV Editor-in-chief, Arnab Goswami, the court had made strong observations against the detention and had said that personal liberty can not be denied like this.
It said that they needed to interfere at that stage and also send a message to the High Court which refused bail to Goswami.
Sibal had mentioned Kappan's case then as well saying that there are other cases as well where personal liberty is denied.
Journalist Siddique Kappan was arrested on October 5 while he was on his way to Hathras, home to the young Dalit woman who died after being gang-raped, allegedly by four upper-caste men.
