SC is trying to discourage use of Article 32 after surge in petitions: CJI

Article 32, allows citizens to move the Supreme Court to protect their fundamental rights.

The Chief Justice S.A. Bobde on Monday, during the hearing of a plea filed for release of Kerala journalist Siddique Kappan, said the court is trying to discourage petitions filed under Article 32.

Senior advocate Kapil Sibal, appearing for the Kerala Union of Working Journalists (KUWJ), submitted Kappan has been in Jail since October 5 and the FIR does not even mention his name. Sibal emphasised that lawyers have not been able to meet Kappan and it is essential to meet him to understand the matter.

A bench headed by Chief Justice and comprising Justices A.S. Bopanna and V. Ramasubramanian asked Sibal, "why did you not approach the High Court?" As Sibal began to argue on merits of the case against Kappan, the Chief Justice told him that the court is not hearing the matter on merits. "We are trying to discourage Article 32 petitions", added Chief Justice. Sibal replied that the court had interfered under Article 32.

The Chief Justice replied, "There is a spate of Article 32 petitions." Sibal argued that a journalist has been in jail and these are exceptional circumstances. The Chief Justice pointed out to Sibal that he has not filed the amended petition yet. Sibal replied, "We could not meet the gentleman. How can we amend (the petition)? We have filed an affidavit to this effect"

After a brief hearing in the matter, the top court issued notice and fixed the matter for further hearing on Friday this week. The KUWJ had filed a habeas corpus petition seeking immediate release of Kappan and cited violation Articles 14, 19 and 21. The plea claimed that on October 5, Kappan was arrested at Toll Plaza near Hathras. He was on the way to report on the alleged rape and death of a 19-year-old girl in Hathras. The plea filed through advocate Wills Mathews termed the arrest as illegal and unconstitutional. The journalist has been charged under the anti-terror law UAPA or the Unlawful Activities (Prevention) Act.

Article 32, allows citizens to move the Supreme Court to enforcement their rights.

Though, the notice was issued in this matter, but another plea filed under Article 32 did not meet the same fate. The top court today declined to entertain an Article 32 petition filed on behalf of Nagpur resident Sameet Thakkar, who had moved the court seeking consolidation of three FIRs registered against him for his posts. Thakkar, was arrested for making objectionable comments against Maharashtra Chief Minister Uddhav Thackeray and his minister-son Aditya Thackeray on social media.

The Chief Justice told Thakkar's counsel senior advocate Mahesh Jethmalani, "Why are you coming here under Article 32 directly?....you please go to the High Court." Jethmalani submitted before the top court that offences in FIRs were bailable, yet Thakkar was arrested. He insisted that Thakkar was being treated inhumanely.

The Chief Justice reiterated that the top court would not be entertaining an Article 32 petition and Jethmalani should approach the High Court. "High Court can also uphold your fundamental rights. High Court can also protect you", observed the bench. Jethmalani withdrew the petition.

Three different FIRs were registered against Thakkar for the same set of tweets. He has been arrested three times in the last three weeks. The Maharashtra government today told the Supreme Court that it will not oppose in a lower court the bail plea of Thakkar.