This case is also known as the ‘Jammu and Kashmir Habeas Corpus Case’. A ban was imposed on the State of Jammu and Kashmir after the Parliament abrogated Article 370 of the Constitution. A lockdown was imposed and various political leaders and non-political persons were detained since August 5, 2019, when Centre took away all the special status of the State. Sitaram Yechury filed a Habeas Corpus petition on 19 August 2019 in the Supreme Court. he challenged the illegality and constitutional validity of the detention imposed on the leader of his party Mohammad Yousuf Tarigiami.
The Supreme Court considered the health conditions of Mr. Tarigami asked the petitioner if he would like to visit him or not and inquired about his welfare and health conditions. The court allowed the petitioner to travel to Jammu and Kashmir for this purpose. The petitioner made it clear that he can travel to Jammu and Kashmir only for this purpose and if he is found to be indulging in any other act except this, then it will be considered as a violation of the court’s order. The court also ordered the Senior Superintendent of Police, Security in the State of Jammu and Kashmir to facilitate the travel and help the petitioner in locating Mr. Tarigami, if required.
In response to the habeas corpus petition filed by the general secretary of the Communist Party of India, the Supreme Court allowed him to visit the detenu. However, restrictions were imposed on his meet and no justification was given to validate the detention imposed by the Central Government. He was also required to submit a report on his return to the Supreme Court.
Section 68 of Evidence Act, Section 59, 63, 68, 74 of Indian Succession Act; Order XLI Rule 23, 23A, 24, 25 of CPC.
Section 28(8) of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961, Section 94 of the RP Act Section 28(8) of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961, Section 94 of the RP Act