The Kerala Union of Working Journalists (KUWJ) on Thursday moved a contempt petition against the Uttar Pradesh government for allegedly shifting journalist Siddique Kappan back to Mathura jail by prematurely discharging him from hospital where he was undergoing treatment for Covid-19.

The petition is yet to be listed for formal hearing.

According to the KUWJ, a bench headed by Chief Justice of India N.V. Ramana had on April 28 this year directed the Uttar Pradesh government “to provide adequate and effective medical assistance to him and to allay all apprehension relating to his health, it would be in the interest of justice to shift Siddique Kappan to a hospital in Delhi for proper medical treatment”.

The petition filed through advocate Wills Mathews stated that the top court had directed that the “recovery of Mr Siddique Kappan was the first requirement for discharging him and shifting him to Mathura Jail, whereas the respondents got him discharged when Mr Kappan was Covid positive, with high sugar level around 460, along with dental problems and various other serious medical problems”.

“… the act of discharging Mr Siddique Kappan at midnight on 06.05.2021, even depriving him of his sleep, amount to contempt of court,” the petition stated.

According to the plea, despite a legal notice dated May 9 and reminder dated May 25 “for taking care of urgent medical issues of the accused in compliance with the specific directions of this Hon’ble court, the respondents did not take any step to correct their mistakes and as the accused is still in need of the medical assistance, which was denied to him, and delay in treatment will result in irreparable injury”.

It added: “The petitioner is moving the present contempt petition as left with no other alternative remedy as the illegal action of the respondents/contemnors were wilful and deliberate.”

Kappan, a freelancer and secretary of the Delhi unit of the KUWJ, was arrested by the Uttar Pradesh police on October 5 last year while he was going to Hathras village to report on the gang-rape and murder of a minor Dalit girl.

The state government had accused Kappan of being a member of the Popular Front of India and being involved in anti-national activities.

The KUWJ had, however, categorically denied the allegations against Kappan.

On October 7 last year, the Uttar Pradesh police had registered an FIR against Kappan under various IPC sections relating to sedition. As his medical condition had worsened in April last year, the apex court had directed that he be shifted to the All India Institute of Medical Sciences, New Delhi.

The KUWJ has alleged that Kappan was shifted to the AIIMS on April 30 pursuant to the court’s direction. However, he was forcibly taken out of the hospital on May 6, “when he was sick and treatment was going on, at midnight and taken to Mathura jail”.

It further stated that Kappan had gone into depression following the death of his mother in June this year.

The petition said: “Even after one year of the arrest, that is, on 05.10.2020, the accused is not in receipt of the chargesheet…”