CPM leader Mohd Yusuf Tarigami was kept under detention “with no legal charges”, his Z+ security vehicles withdrawn and personnel guarding him were “instructed” not to allow him or his family to move out or allow others entry to his residence, party General Secretary Sitaram Yechury's affidavit in Supreme Court has said.
Four-time Jammu and Kashmir MLA Tarigami has been under detention at his residence since August 5 after the government scrapped special status to Jammu and Kashmir following which Yechury filed a habeas corpus petition in Supreme Court seeking his production. The court ordered shifting of Tarigami, who has health complications, to Delhi for further treatment in AIIMS.
Detailing his visit to Srinagar to meet Tarigami on August 29 and 30 in an affidavit filed on the instructions of the apex court, Yechury said the Senior Superintendent of Police, who accompanied him to CPM leader's residence, was asked on what charges and the provisions of law under which he was detained.
The official “indicated that there were no legal charges against Tarigami and that he has not been detained and he is 'free'. Tarigami thereafter indicated in the officer's presence that the security vehicles were withdrawn and security personnel were instructed not to allow him or his family to move out of the house or allow anyone from outside to enter the house”, he said.
“These instructions were being strictly followed... He and his family were in 'de facto' house arrest,” Yechury said in his affidavit.
After the police official, who was in the room for almost an hour, was asked to wait outside, Tarigami told Yechury that his family, including grandchildren, were in de facto arrest and provisions for the house were brought by security personnel.
As there is no means of communications, the affidavit said, Tarigami told Yechury that he was unable to reach his regular doctor and that it was difficult to even seek emergency medical help. The family had a shortage of cash due to house arrest and general lockdown.
“The unlawful detention of Tarigami and other restrictions imposed on his family such as uncertainty about communication and access to medical and emergency assistance have aggravated his severe chronic health conditions and also had an impact on the mental health of him and his family,” Yechury said.
After his visit to Sher-i-Kashmir Institute of Medical Sciences (SKIMS) on July 31, he could not visit the hospital after August 5. Following repeated requests, one cardiologist and endocrinologist were allowed to visit him on August 19 who suggested further medical investigations for a cardiac and diabetic status of Tarigami.
He was finally taken to SKIMS on August 24, while the CPM General Secretary approached the court. In SKIMS, diabetic tests could not be conducted due to the non-availability of an endocrinologist.