Supreme Court Allows CPI(M) Leader MY Tarigami To Seek Legal Remedies Against Alleged Illegal Detention In J&K In 2019

The Supreme Court on May 16 disposed of a habeas corpus petition filed by Communist Party of India (Marxist) (CPI(M)) General Secretary Sitaram Yechury in 2019 challenging the alleged illegal detention of former J&K MLA Mohammed Yousuf Tarigami in August 2019 soon after the special status of Jammu and Kashmir was abrogated.

The Court granted liberty to Tarigami to "adopt appropriate remedies in accordance with law" to seek compensation and other reliefs for his detention, which was contended to be carried out without the sanction of law.

During the hearing before a Bench of Justices AS Oka and Rajesh Bindal, Advocate on Record Shadan Farasat, for the petitioner, argued that that Tarigami was kept in illegal house arrest during the period. 

The Court was of the view that since Tarigami was released, he could seek other legal remedies now and that the petition filed by Yechury could be disposed of.

"See, at that time, this petition was entertained...Now you adopt your own remedy...You have not come (to the Supreme Court), somebody else has come. You are free now", before passing its order.

In the latest affidavit filed, Yechury said that Tarigami was kept in house arrest against his will during the relevant period.

"It has been my consistent averment that my own safety is being used for keeping me in under de-facto house arrest during the relevant period."

Further, the affidavit pointed out that the State had intentionally chose to refrain from replying in a para-wise format.

"The vague answers in the State affidavit are neither proper nor adequate responses in disproof of the specific allegations made by me".

In an earlier hearing, Farasat had drawn the Bench’s attention to an order dated September 16, 2019 which kept the petition alive to decide the validity of the alleged detention.

The State had told the Bench that nothing survived in the petition, as Tarigami was released.

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