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Supreme Court of India 2021-04-28 disposed

KERALA UNION OF WORKING JOURNALISTS vs UNION OF INDIA & ORS

Bench: 2 — Surya Kant, A.S. Bopanna

In Brief

A Kerala journalists' union filed a habeas corpus petition for the release of Sidhique Kappan, arrested on charges including sedition while traveling to cover a rape case. The Supreme Court declined to examine the detention's legality, as the accused had alternative remedies and a chargesheet had been filed. However, the Court found the detenu's health condition—COVID-19 positive, fever, injury, and chronic ailments—required immediate intervention. It ordered his transfer to a Delhi government hospital (Ram Manohar Lohia Hospital, AIIMS, or equivalent) for proper treatment, emphasizing that the fundamental right to life unconditionally protects even undertrials. The petition was disposed of.

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Constitutional Law - Habeas Corpus Fundamental Rights - Right to Life Criminal Procedure - Detention Medical Care of Undertrials Press Freedom

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