"Fundamental right to life unconditionally embraces even an undertrial:" Why Supreme Court ordered shifting Siddique Kappan to Delhi hospital

Fundamental right to life is available equally to undertrial prisoners, the Supreme Court emphasised on Wednesday while ordering that Kerala journalist Siddique Kappan be shifted to Delhi hospital from Uttar Pradesh jail for medical treatment (Kerala Union of Working Journalists v. Union of India)..A Bench headed by Chief Justice of India NV Ramana also brushed aside the argument by the Uttar Pradesh government that giving special treatment to Kappan will be unfair to the other prisoners. "We state that the most precious fundamental ‘right to life’ unconditionally embraces even an undertrial. The consideration made herein is keeping in view the peculiar facts and circumstances of this case," the Court held. Merely because the other jail inmates are receiving treatment similar to the arrestee need not deter us, the Bench which also comprised Justices Surya Kant and AS Bopanna added. "We deem it appropriate to issue the above direction even though Sh. Tushar Mehta, learned Solicitor General has emphasised that adequate medical treatment is being provided as in the case of all other jail inmates and if need be further facility shall be extended to the arrestee," the order said.The Court was hearing an application filed by Kerala Union of Working Journalists (KUWJ) seeking transfer of Kappan from UP hospital to All India Institute of Medical Sciences in Delhi citing medical emergency."He is presently hospitalized in KM Medical College , Mathura. It is reliably believed that, more than 50 inmates of Mathura Jail are suffering from COVID, with various of scarcities, and even drinking water from toilet, seriously affecting hygiene, health, all leading to a major disaster in the making. In short, as on today , the life of Mr. Sidhique Kappan is in danger for all reasons," the application said..Kappan, a reporter for Malayalam news portal Azhimukham and secretary of the KUWJ’s Delhi unit, was arrested along with three others in Uttar Pradesh in October while on his way to Hathras to report on the gang-rape and murder of a 19-year-old Dalit girl.They were later booked under provisions of the Unlawful Activities (Prevention) Act (UAPA) and also slapped with charges of sedition.KUWJ a journalist organisation had then approached the Supreme Court by way of a Habeas Corpus petition seeking Kappan's release.The latest application by KUWJ seeking shifting of Kappan to Delhi hospital. was filed in the Habeas Corpus petition..The Court after hearing the parties at length today held that since Kappan's detention has been made as per the procedure established by law, a plea for Habeas Corpus would not be prudent. ."From the records, it is clear that the accused was produced before the jurisdictional court after arrest. FIR was registered thereafter. Presently, the investigation against the alleged detenu is complete and a voluminous chargesheet running into over 5000 pages has been filed. In these circumstances, it would not be prudent for this Court to continue the present petition, any further," the Court said. .Moreover, the alleged detenu has got alternative remedies including the right to approach the competent court for the grant of bail and/or the High Court under Article 226 of the Constitution or under Section 482 of Code of Criminal Procedure for redressal of his grievances, the Court added. "Still further, it may also be relevant to note that the co-accused of the alleged detenu have already adopted such a recourse and sought their bail before the Competent Court," the order further said. .However, owing to Kappan's precarious health condition, the prayer to transfer him to Delhi hospital should be granted, the Court said. ."We are of the view that owing to the apparent precarious health condition of the arrestee, it is necessary 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 Sidhique Kappan – the arrestee, either to Ram Manohar Lohia Hospital or to All India Institute of Medical Sciences (AIIMS) or any other Government Hospital in Delhi for the proper medical treatment. The needful shall in this regard be done at the earliest," the Court ordered. .[Read Order]