Srinagar: The Jammu and Kashmir High Court on Wednesday directed Superintendent Tihar to produce Mian Qayoom, president of Kashmir High Bar Association, via video conferencing before it on April 27.
The court also sought government’s response within four days on a plea by wife of Mian Qayoom, expressing apprehensions with regard to the medical status and the health of the septuagenarian.
Detained on August 5 last year, Mian Qayoom is presently is lodged in Jail No.3, Central Jail, Tihar New Delhi.
“The respondents (concerned officials) shall file a reply within four days from today. …they shall inform this court of the medical status of the detenu (Mian Qayoom),” said a division bench of Justice Gita Mittal and Justice Rajnesh Oswal.
The court also gave liberty to the wife to hand over the summer clothing of Qayoom to the IGP, Kashmir for having the same delivered to him in the Jail No. 3, Central Jail Tihar. “We direct the Superintendent, Jail No.3, Central Jail, Tihar, Delhi to appear before us on video-conferencing on the next date of hearing,” the court said, adding, “Mian Abdul Qayoom shall be produced by the Superintendent, Jail No.3, Central Jail, Tihar, Delhi on video-conferencing before us to enable us to ascertain the status of his health on the next date of hearing.” The court has listed the plea on April 27.
Earlier, his wife in the plea filed through senior advocate Zaffar Qureshi stated that her husband is suffering from multiple ailments. She said that Qayoom is in an extremely fragile state of health. Additionally, Z. A. Qureshi emphasized the threat of COVID-19 infection in the Jail and submitted that the jail inmates are subjected to exposure from the jail staff who do not reside within the jail premises but come from their residences outside the jail and that there is every possibility of their bringing infection into the jail. He submitted that apart from Qayoom’s ill health, he has been in detention over the entire winter and as such Qayoom has only got winter clothing with him.
He submitted that temperatures in New Delhi are over 40 degrees centigrade already and lack of summer clothing would be causing extreme distress to the already ailing Qayoom. He submitted that given the lockdown situation, it is difficult for the family members to reach the belongings of Qayoom to him. He submitted that the holy month of Ramadan is to commence from 24 April 2020 which requires certain essential discipline to be followed by all Muslims.
The submission is that Qayoom would not be able to discharge his religious obligations in the Tihar Jail. He submitted that Qayoom and the applicant have been blessed with four daughters and do not have a son. “All the daughters are married. As such, the applicant (Qayoom’s wife), 68 years of age, and also suffering from several life threatening diseases, has been compelled to reside alone.” In the current lockdown situation, she is finding extremely difficult to fend for herself, Quershi said. He relied upon the provisions of Section 19 of the Public Safety Act which enables the Government to revoke a detention order and Section 20 which enables temporary release of the person detained.
He requested respondents may consider the possibility of shifting Mian from Tihar Jail to his property Shaheen Bagh so that he could discharge his religious obligations and also look after his.
“This aspect of the matter is required to be considered by the respondents. This may be considered by the respondents who may take a view thereon,” the court said.
