Most Precious Fundamental Right To Life Unconditionally Embraces Even An Undertrial: Supreme Court in Sidhique Kappan Case
The most precious basic 'right to life' unconditionally accepts even an undertrial, the Supreme Court noted in ordering Kerala journalist Sidhique Kappan to be transferred from the Mathura Jail in Uttar Pradesh to a Government hospital in Delhi for medical care. In an order issued in response to a habeas corpus petition filed by the Kerala Union of Working Journalists (KUWJ) seeking Kappan's release, a bench comprising Chief Justice of India NV Ramana, Justices Surya Kant and AS Bopanna stated as much. The court noted in its consideration of the plea that Kappan had tested COVID-19 Positive on April 21, 2021, had a fever (T-102F), and had also sustained an injury when he fainted and fell down in the bathroom, for which a surgeon's intervention was recommended. He has many health problems, including diabetes, heart disease, high blood pressure, and bodily injury, according to the document. The court acknowledged that the next round of medical records, as well as an additional affidavit circulated by the State this morning, indicate that he screened COVID-19 Negative.
"We believe that, given the arrestee's apparent precarious health condition, it is necessary to provide him with adequate and effective medical care, and to allay any fears about his health, it would be in the best interests of justice to transfer Sidhique Kappan – the arrestee – to Ram Manohar Lohia Hospital or to the All India Institute of Medical Sciences (AIIMS) or any other appropriate medical facility. In this regard, the required steps will be taken as soon as possible ", the court pointed out. The court ordered that he be returned to Mathura prison, where he is being held in a UAPA case on the charge of attempting to incite communal unrest in Uttar Pradesh following the Hathras gang rape-murder crime.