- (1.) This Writ Petition instituted under Article 32 of the Constitution of India, seeks a writ of habeas corpus for the release of alleged detenu, namely, Sidhique Kappan son of Muhammed, who is stated to be a journalist and a member of the Petitioner Association-Kerala Union of Working Journalists.
(2.) The Writ Petition has been filed on the premise that the above stated detenu was taken into illegal custody on 5.10.2020 at 16.50 hours without serving any notice or order as envisaged under Section 107 of the Code of Criminal Procedure, 1973 (Cr.P.C). The alleged detenu and his associates were, at the time of detention, going to Hathras (U.P.) to report a gruesome case of rape and murder of a young girl.
(3.) The State of U.P. in its counter affidavit dated 20th November, 2020 has strenuously controverted the allegation of illegal detention. A supplementary affidavit has also been filed by the State of U.P. on 09.12.2020 explaining that the alleged detenu has been lawfully arrested; firstly, under Section 107/151 Cr.P.C. and thereafter in the FIR No. 199/2020 dated 07.10.2020 registered at Police Station Manth District Mathura under Sections 153A, 295A and 124A of the Indian Penal Code, Section 17, 14 of Unlawful Activity prevention Act, 1967 and Sections 65, 72, 76 of Information Technology Act, 2008.;