The Supreme Court on Monday allowed CPI(M) politician Mohammed Yousuf Tarigami, who was brought to AIIMS Delhi for treatment, to go back to his home state Jammu and Kashmir.
Senior Advocate Raju Ramachandran submitted before the bench consisting of CJI Gogoi, Justices Bobde and Nazeer that the Centre has not revealed the grounds of detention of Tarigami.
The bench examined the medical reports of Tarigami and noted that he was kept in J&K Guest House in Delhi, though discharged from AIIMS hospital.
"If he is discharged, why is kept in the Guest House?", asked the CJI.
The bench then proceeded to order that Tarigami was at liberty to return to his home state. However, the bench declined to hold that Tarigami was free to move about in J&K as he pleased.
On September 5, the SC had directed the shifting of Tarigami to AIIMS Delhi for treatment. This was based on a report submitted by CPI(M) General Secretary Sitaram Yechury, who had visited Tarigami in Srinagar based on the permission granted by the Supreme Court on August 29.
The Court added that Yechury's visit must be confined to the purpose of enquiring about the well being of Tarigami. "If petitioner is found indulging in any other activities other than meeting his friends and colleagues,bit will be treated as violation of court order", the Court had ordered.
Tarigami, a four-time CPI(M) MLA from Kulgam in the now dissolved J&K assembly, was detained on August 5 in the backdrop of central government measures to revoke the special status of the state.
Yechury had travelled to Srinagar on August 9 to meet him but was detained at the airport. Despite giving advance information to the J&K Governor about his plan to meet Tarigami, he was not allowed access citing "law and order problems", said Yechury in the petition filed through Advocate Shadan Farasat.
The continued detention of Tarigami is violative of fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution, the plea contended.
Yechury said that he was constrained to seek a writ of habeas corpus due to absolute lack of information regarding the whereabouts of Tarigami, who is ailing from age-related health problems.
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