Sitaram Yechury v Union of India Writ Petition (Criminal.) 229/2019 - Synopsis
Team SoOLEGAL 24 Aug 2020

This case is considered to be a landmark judgment in the year 2019 and is also known as the “Jammu & Kashmir Habeas Corpus case”. Herein the petitioner who is the general secretary of Communist Party of India has filed a petition seeking the production of a member of his party Mr. Mohammed Yousuf Tarigami. The petition is a Habeas Corpus petition which is directly challenging the constitutional validity of the detention imposed on Mr. Tarigami.

The petitioner has contended that he has made several efforts to ensure the welfare of his party member but he has consequently failed in all of them as he has been denied an entry into the state. He has further stated in the court that Mr. Tarigami’s health is not up to par and is deteriorating, in that regard the court’s attention was drawn to an interim application which was seeking orders to shift Mr. Tarigami into AIIMS (All India Institute of Medical Sciences) in New Delhi.

The Hon’ble Court after hearing the matter permitted the petitioner to travel to Jammu & Kashmir for the purpose of visiting Mr. Tarigami and ensuring his welfare. The court also specifically stated that the purpose of the visit must be ensuring welfare of Mr. Tarigami and nothing else. If it was found that the petitioner has indulged in other activities, the court would consider it as a violation of its order and will impose penalties accordingly.

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