Supreme Court allows J&K CPI (M) leader Mohammed Yousuf Tarigami to return to Kashmir
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Supreme Court allows J&K CPI (M) leader Mohammed Yousuf Tarigami to return to Kashmir

Shruti Mahajan

The Supreme Court today allowed CPI(M) leader Mohammed Yousuf Tarigami to return to Kashmir following his treatment in New Delhi.

Pursuant to Tarigami’s medical condition, the Supreme Court had on September 5 directed for him to be moved to AIIMS in Delhi. The direction had come in the petition moved by CPI (M) General Secretary Sitaram Yechury.

Today, Senior Counsel Raju Ramachandran, representing Yechury, told the Court that Yusuf Tarigami was lodged at the Jammu & Kashmir guest house in New Delhi and if there is no order of detention against him, he should be free to move on his own.

“He should be produced before the Court and it should be declared that he is free”, Ramachandran said.

Ramachandran further added that the detention involved a clear infraction of Articles 21, 22(1) of the Constitution of India.

The Bench of Chief Justice of India Ranjan Gogoi and Justices SA Bobde and S Abdul Nazeer asked why Tarigami was still in Delhi if his medical condition is now stable. Ramachandran replied that Tarigami does not have the liberty to move about on his own, and that the security detail he is entitled to has been used to restrict his movements.

The Court went ahead to direct that Tarigami be allowed to return to Kashmir.

Sitaram Yechury had filed a writ petition in Supreme Court seeking issuance of Habeas Corpus Writ for the production of Jammu & Kashmir Party State Secretary, Mohammed Yousuf Tarigami.

Yechury had moved the Supreme Court after he had traveled to Srinagar earlier in August along with CPI leader D Raja with the purpose of meeting with Tarigami, only to be detained at the airport. It was claimed that Tarigami was not in good health.

[Read Order]

Sitaram-Yechury-vs-UOI-Mohammad-Yusuf-Tarigam-Habeas-Corpus-Sept-16.pdf
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