The CPI-M on Thursday welcomed Supreme Court order that party leader Mohammed Yusuf Tarigami should be shifted to All India Institute of Medical Sciences (AIIMS) for proper medical care accompanied by a family member.
The Communist Party of India-Marxist said in a statement that party had pointed out in its affidavit in the apex court that Tarigami's detention was illegal as there were no charges against him and no order of detention had been issued.
"CPI-M welcomes the order of Supreme Court given by the Chief Justice granting relief to Mohammed Yusuf Tarigami to be shifted to the All India Institute of Medical Sciences, New Delhi, for proper medical care accompanied by a family member of his choice.
"In today's hearing, relying upon the affidavit filed before the Supreme Court by Sitaram Yechury, it was also pointed out that the house arrest of Tarigami was on the face of it illegal as there were no charges against him and no order or detention has been issued, which authorizes his de facto detention," the party said.
The CPI-M said that his security was given oral instructions to keep him in de facto house arrest, "unsupported by any authority of law".
"The Supreme Court has also issued a notice to the government of India on the points raised in the affidavit in the habeas corpus writ. The case will continue to be heard after the government's response," the party said.
Earlier in the day, Supreme Court had ordered that Tarigami shall be shifted to AIIMS in Delhi from Srinagar for better treatment.
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Chief Justice of India (CJI), Ranjan Gogoi said, "Keeping in view the fact that CPI-M leader, Yousuf Tarigami needs better treatment, he shall be shifted to AIIMS, Delhi, from Srinagar for better treatment."
During the hearing, Raju Ramchandran, lawyer appearing for CPI-M general secretary Sitaram Yechury informed the court that Tarigami was under detention.
"I found that his (Yousuf Tarigami) security vehicles have been withdrawn. He is under detention. I would like to pursue my habeas corpus petition before this Court", Yechury's counsel Ramchandran told Supreme Court.
Yechury had filed an affidavit in the Supreme Court on September 2.
The Supreme Court had allowed Yechury to visit Jammu and Kashmir on August 28 and meet Tarigami, a four-time MLA.
Yechury had filed a habeas corpus petition in the Supreme Court seeking production of his party colleague.
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