The Delhi High Court today allowed the wife of Border Security Force constable Tej Bahadur Yadav to meet him in Jammu & Kashmir..The order was passed by a Bench of Justices GS Sistani and Vinod Goel in a Habeas Corpus petition filed by Yadav’s wife, Sharmila Devi. .Yadav had uploaded a video on his Facebook account showing the poor quality of food served to the jawans at the border. This video had soon gone viral, with severe criticism coming in from various quarters regarding the BSF’s functioning. Consequently, an inquiry was ordered against Yadav, and his family had allegedly lost touch with him soon after..Sharmila Devi had then approached the High Court seeking a writ of Habeas Corpus, alleging that Yadav had gone missing. The matter was mentioned today morning before the Division Bench of Justices Badar Durrez Ahmed and Ashutosh Kumar, who listed the matter before the Bench of GS Sistani and Vinod Goel JJ at 2.15 pm today..Devi was represented by advocate Manish Tewari, who said that Yadav had applied for voluntary retirement on November 9 last year. The same was accepted initially, but was “suspiciously” rejected two months later..However, the central government put to rest all speculations about Yadav’s disappearance when ASG Sanjay Jain told the Court that Yadav had been transferred from the 29 Batallion to the 80 Batallion, within Jammu & Kashmir itself. Jain placed on record the transfer order of Yadav, along with details regarding his conversations with his wife on several occasions..Tewari argued that when Devi had spoken to her husband last on February 7, he had expressed apprehension about his well-being. He submitted that Yadav was being allowed to make phone calls in a restricted capacity, through the mobile phone of a senior officer who was always present while Yadav spoke to his family..ASG Jain told the Court that all allegations were baseless and that such issues “should not be entertained by the Court”. He specifically told the bench,.“He [Tej Bahadur Yadav] is in regular touch with his family. If there is any apprehension in her mind, she can go meet him whenever.”.To which Tewari immediately replied,.“If this is the case, let the ASG state on record that the family can get access to Yadav.”.Justice Sistani, after patiently listening to both sides, stated that although the court did not intend to interfere with the proceedings of the security forces, the apprehensions of the family “will not come out of nowhere”..On Tewari’s allegations that Yadav was not being allowed to speak freely with his wife, Justice Sistani asked the ASG,.“Why are your officers so insensitive? We are not impressed with this. If the man is under pressure while talking to his wife, it is not acceptable. Either submit an affidavit stating that the constable will be given unrestricted access to meet and speak to his wife or bring the man in court before us.”.Jain stated that if these kind of petitions are encouraged, the forces will have problems functioning, to which Justice Sistani stated,.“There is no question of encouraging or discouraging anything. The court does what the court is supposed to do.”.The judges also told Tewari that if the ASG has made a statement in open court stating that the man is not under arrest and that his wife has access to him, then there is no reason to doubt his word..On this basis, Tewari asked Devi if she was willing to go meet her husband at 80 Batallion over the weekend and return by Monday, to which the wife replied in the affirmative..The Court then passed an order recording the submissions of the ASG that Yadav is neither under arrest nor are his movements restricted, and that the respondent has no objection if the wife wants to meet Yadav at any time..As a closing remark, the bench told the ASG,.“Please make sure you do whatever needs to be done”..The matter will now be taken up on February 15..Image taken from here.
The Delhi High Court today allowed the wife of Border Security Force constable Tej Bahadur Yadav to meet him in Jammu & Kashmir..The order was passed by a Bench of Justices GS Sistani and Vinod Goel in a Habeas Corpus petition filed by Yadav’s wife, Sharmila Devi. .Yadav had uploaded a video on his Facebook account showing the poor quality of food served to the jawans at the border. This video had soon gone viral, with severe criticism coming in from various quarters regarding the BSF’s functioning. Consequently, an inquiry was ordered against Yadav, and his family had allegedly lost touch with him soon after..Sharmila Devi had then approached the High Court seeking a writ of Habeas Corpus, alleging that Yadav had gone missing. The matter was mentioned today morning before the Division Bench of Justices Badar Durrez Ahmed and Ashutosh Kumar, who listed the matter before the Bench of GS Sistani and Vinod Goel JJ at 2.15 pm today..Devi was represented by advocate Manish Tewari, who said that Yadav had applied for voluntary retirement on November 9 last year. The same was accepted initially, but was “suspiciously” rejected two months later..However, the central government put to rest all speculations about Yadav’s disappearance when ASG Sanjay Jain told the Court that Yadav had been transferred from the 29 Batallion to the 80 Batallion, within Jammu & Kashmir itself. Jain placed on record the transfer order of Yadav, along with details regarding his conversations with his wife on several occasions..Tewari argued that when Devi had spoken to her husband last on February 7, he had expressed apprehension about his well-being. He submitted that Yadav was being allowed to make phone calls in a restricted capacity, through the mobile phone of a senior officer who was always present while Yadav spoke to his family..ASG Jain told the Court that all allegations were baseless and that such issues “should not be entertained by the Court”. He specifically told the bench,.“He [Tej Bahadur Yadav] is in regular touch with his family. If there is any apprehension in her mind, she can go meet him whenever.”.To which Tewari immediately replied,.“If this is the case, let the ASG state on record that the family can get access to Yadav.”.Justice Sistani, after patiently listening to both sides, stated that although the court did not intend to interfere with the proceedings of the security forces, the apprehensions of the family “will not come out of nowhere”..On Tewari’s allegations that Yadav was not being allowed to speak freely with his wife, Justice Sistani asked the ASG,.“Why are your officers so insensitive? We are not impressed with this. If the man is under pressure while talking to his wife, it is not acceptable. Either submit an affidavit stating that the constable will be given unrestricted access to meet and speak to his wife or bring the man in court before us.”.Jain stated that if these kind of petitions are encouraged, the forces will have problems functioning, to which Justice Sistani stated,.“There is no question of encouraging or discouraging anything. The court does what the court is supposed to do.”.The judges also told Tewari that if the ASG has made a statement in open court stating that the man is not under arrest and that his wife has access to him, then there is no reason to doubt his word..On this basis, Tewari asked Devi if she was willing to go meet her husband at 80 Batallion over the weekend and return by Monday, to which the wife replied in the affirmative..The Court then passed an order recording the submissions of the ASG that Yadav is neither under arrest nor are his movements restricted, and that the respondent has no objection if the wife wants to meet Yadav at any time..As a closing remark, the bench told the ASG,.“Please make sure you do whatever needs to be done”..The matter will now be taken up on February 15..Image taken from here.
