Supreme Court Seeks Centre's Response On Alleged Illegal Detention Of CPI(M) Leader MY Tarigami In J&K In 2019

The Supreme Court on Tuesday asked the Union Government to respond to the allegation that Communist Party of India (Marxist) (CPI(M)) leader Mohammed Yousuf Tarigami was kept under detention without any formal order in 2019 in the aftermath of the abrogation of the special status of Jammu and Kashmir.

A bench comprising Justices Abhay Shreeniwas Oka and Rajesh Bindal was hearing a habeas corpus petition filed by CPI(M) General Secretary Sitaram Yechury in 2019 against the detention of Tarigami, a four-time MLA from Kulgam in the J&K assembly.

“Respondent 1 to respond to the details of the (Tarigami’s) alleged illegal detention. Ld. ASG states that he will file an affidavit dealing with these allegations in two weeks from today.”, the Court recorded in its order.

When the hearing commenced, Additional Solicitor General of India KM Nataraj told the Bench that nothing survived in the petition, as Tarigami was released.

However, Advocate Shadan Farasat, for the petitioner, drew the Bench’s attention to an order dated September 16, 2019 which kept the petition alive to decide the validity of the alleged detention.

Farasat said that he would urge for the grant of compensation to Tarigami as a matter of restoration of his dignity and not necessarily for the sake of seeking a monetary compensation.

“If I am able to convince my Lordships that the detention is illegal, I am on the aspect of dignity, not essentially, for money or compensation. Because if there’s an illegal detention without the order, that has to be done”, he told the Bench.

The mater will be next come up for hearing on April 18.

The Supreme Court in August, 2019, allowed Sitaram Yechury to travel to Kashmir to meet the detained party leader to ascertain his whereabouts and medical welfare. In September, the same year, the Court ordered the shifting of Tarigami to AIIMS Delhi.

Yechury had said that he was concerned about the health of the then-72-year-old-Tarigami. 

On September 16, 2019, the court was informed of Tarigami’s discharge summary from AIIMS. 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.

The bench had also recorded in its order passed on September 16, 2019 as follows :

"The writ petition is kept open for a decision on the validity of the alleged detention of the petitioner claimed to be without any authority of law with effect from 5.8.2019"

Case Title: Sitaram Yechury v. UoI And Anr. WP(Crl) No. 229/2019

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