The Supreme Court on Wednesday directed the Uttar Pradesh government to shift jailed journalist Siddique Kappan to any government hospital in Delhi from Mathura for better treatment, days after his wife had written to the Chief Justice of India alleging that her husband had been chained to his bed “like an animal”.

Wednesday’s hearing witnessed sharp exchanges between a bench headed by Chief Justice N.V. Ramana and solicitor-general Tushar Mehta, appearing for the Uttar Pradesh government. While the lawyer cited the hospital bed crisis in Delhi and Uttar Pradesh, the court said it would intervene as it had been informed Kappan was unwell.

Justice Ramana said it was a humanitarian issue and the court had a bounden duty to protect the life of even those jailed for alleged offences.

Kappan’s wife Raihanath’s letter filed by lawyer Wills Mathew had stated that the journalist “is chained like an animal” to the bed at KM Medical College Hospital in Mathura and he could neither take food nor visit the toilet. “If immediate corrective steps are not taken, it will result in his untimely death,” the letter had stated.

The Delhi-based journalist who contributed to a Malayalam news portal was arrested on the way to Hathras in Uttar Pradesh on October 5 last year to report on the gang rape and murder of a Dalit girl.

The Supreme Court said that once Kappan is treated and certified to be fine, he would be taken back to the Mathura jail and would be free to apply for bail before the local court.

Mehta told the bench, also including Justices Surya Kant and A.S. Bopanna, that it should pass an order telling “…any Delhi hospital where all beds are full with Covid patients to vacate a bed by asking any Covid-affected patient to go out so as to admit a non-Covid patient like Kappan for treatment”.

Kappan, admitted to the Mathura hospital after he fell unconscious in jail and tested positive for the coronavirus last Tuesday had now tested negative, the court was told.

Mehta said that as solicitor-general he could not request a hospital to vacate a Covid bed to accommodate a 42-year-old non-Covid patient.

Justice Ramana cut him short, saying: “Mr Mehta, you sort it out with the government. Leave it here. Let him be transferred back to jail after the doctor certifies him to have recovered.”

The court was dealing with a habeas corpus petition filed by the Kerala Union of Working Journalists, of which Kappan is the Delhi unit general secretary, on October 6 last year seeking the release of the journalist.

Mehta told the court the journalist was Covid-negative although he had diabetes and blood pressure problems.

CJI Ramana said: “Why should we not intervene now when it is submitted that his health is not proper? He wants better treatment and we are on that. Let him be treated in a hospital in Delhi and then let him go to Mathura jail.”

“In Mathura there are Covid-positive people who are not getting beds. Same situation here in Delhi,” Mehta said. The Uttar Pradesh government denies any hospital crisis.