THE Supreme Court on Wednesday permitted Communist Party of India (Marxist) general secretary SitaramYachurry to travel to Jammu and Kashmir to meet his party colleague Mohammed Yousuf Tarigami, who has been under detention in Kashmir besides several other political leaders, to enquire about his welfare and health condition.
The court has, however, made it clear that if the petitioner is found to be indulging in any other act, omission or commission, it will be construed to be a violation of court’s order.
Appearing for Yachurry, senior advocate Raju Ramachandran submitted before a three-judge bench comprising the CJI Ranjan Gogoi and Justices SA Bobde and Abdul Nazeer, that inspite of best efforts, he has not been able to enquire about the welfare of his colleague and his attempt to meet him personally by going to the state of Jammu and Kashmir has also not succeeded, as he has been refused entry into the state.
The petitioner, as reflected in the court’s order today, further stated that his friend and colleague party member Tarigami is not in good health and in fact, court’s attention had been drawn to an interim application filed by the petitioner seeking orders from the Court for bringing Tarigami to the All India Institute of Medical Sciences, New Delhi, for better medical facilities.
Senior advocate Raju Ramachandran undertook that the petitioner would go to Jammu and Kashmir only for the purpose specified in the present order.
The court further has directed Imtiaz, Senior Superintendent of Police, Jammu & Kashmir, to facilitate the travel and help the petitioner in locating the whereabouts of Tarigami, the petitioner’s friend and colleague party member, if required.
No sooner the petitioner comes back to Delhi, he will file a report supported by an affidavit in connection with the purpose of the visit as indicated in the order, said the Supreme court.
The court also heard another habeas corpus petition filed by Jammu and Kashmir resident and a law graduate Mohammad Aleem Syed who sought for issuance of a writ of habeas corpus for the production of his parents and brother with whom he has lost contact after the Article 370 decision.
The court permitted him to travel to Jammu and Kashmir; go to Anantnag, meet his parents and after ensuring their welfare, to report back to the court on the next date fixed.
“An affidavit of the events that have transpired pursuant to the order of the court, shall be filed immediately on return of the petitioner from Jammu and Kashmir”, the SC directed.
Further, the court ordered that Senior Superintendent of Police, Jammu and Kashmir, to facilitate the travel of the petitioner and provide access to him in the State without causing any let or hindrance. If required, adequate police protection shall also be provided to the petitioner and also to his parents on proper identification.