SC allows Azad to visit J&K, questions Abdullah arrest

The Supreme Court on September 16 allowed senior Congress leader Ghulam Nabi Azad to visit his home state Jammu and Kashmir after recording his undertaking that he would not address any political rally in the state where restrictions have been imposed after the abrogation of the special status on August 5.

The top court also issued a notice to the Centre and the state on a petition by MDMK chief Vaiko, questioning alleged illegal detention of former chief minister Farooq Abdullah.

A bench of Chief Justice Ranjan Gogoi and Justices S A Bobde and S Abdul Nazeer allowed Azad, leader of Opposition in Rajya Sabha, to visit Jammu, Srinagar, Anantnag and Baramullah as he contended that he wanted to inquire about the well-being of the people over there.

Senior advocate A M Singhvi, appearing for Azad, contended he had tried three times in August to visit Srinagar and Jammu but was prohibited by the authorities. He assured the court he would not hold any political rally over there.

Dealing with a habeas corpus petition filed by CPM General Secretary Sitaram Yechury, the bench said his party MLA Mohd Yusuf Tarigami was free to return to Jammu and Kashmir if the doctors at AIIMS advised it.

Senior advocate Raju Ramachandra, appearing for the petitioner, submitted that Tarigami, who was brought here for treatment at AIIMS here, was staying is in the Jammu and Kashmir guest house.

“All our averments on his illegal detention remained uncontroverted. He is a de facto detenu. His Z category security vehicles have been removed. He is not able to move out. He should be allowed freedom to move out in J and K,” he said.

At the outset, an advocate, appearing for Vaiko, submitted though a conference on which he sought the presence of Abdullah was over on September 15 but he should be released.

“There is no right and freedom of movement and assembly available to him. I am pressing for his release and production as mandatory procedure under Article 22 of the Constitution not followed. They are citizens of India all the rights are equally applicable and available to them,” he said.

The bench, which asked him if the leader was under detention since no such order was placed, asked the Centre and state to file their response on September 30. The plea was opposed by Solicitor General Tushar Mehta who said there has to be some relevance to the locus standi of the petitioner.

“There is a possibility of abuse of this court's power since his (Abdullah's) relatives had already approached the High Court,” he said.