J&K High Court on Wednesday asked Superintendent, Central Jail Tihar to produce on April 27 Kashmir High Court Bar president Mian Abdul Qayoom through videoconferencing before it for ascertaining his status of health. A division bench of Chief Justice Gita Mittal and Justice Rajmesh issued the direction while hearing an application moved by Qayoom’s wife through senior advocate Zaffar Ahmad Qureshi. In her plea, Qayoom’s wife AshiaBano has expressed apprehension with regard to his husband’s health and difficulties which he may face to discharge his religious obligations during the holy month of Ramadan in the Tihar Jail. While the Court directed the respondents to file a reply within four days to the application, it also sought information about the medical status of the Qayoom. Meanwhile, the Court gave liberty to the applicant to hand over the summer clothing of Qayoom to the IGP, Kashmir for having the same delivered to the detainee in at Tihar jail. The Court also directed the Superintendent, Jail No.3, Central Jail, Tihar to appear before it on video-conferencing on April 27.In their application, the family has submitted that Qayoom was suffering from multiple ailments and he was in extremely fragile state of health.Advocate Qureshi on behalf of the applicant emphasized the threat of COVID19 infection in the Jail and submitted that the jail inmates were subjected to exposure from the jail staff who do not reside within the jail premises but come from their residences outside the jail. He told the Court that given the lockdown situation, it was difficult for the family to handover the belongings to Qayoom. “The holy month of Ramadhan is to commence from April 24 which requires certain essential discipline to be followed by all Muslims. Qayoom would not be able to discharge his religious obligations in the Tihar Jail” he said.He submitted in the current lockdown situation, Qayooms wife was finding extremely difficult to fend for herself as Qayoom has daughters only who were already married.The senior advocate referred to provisions of section 19 of the Public Safety Act, 1978 which enables the government to revoke detention order and section 20 which enables temporary release of the person detained.“If the respondents have objection to the grant of the prayer made in the application, the respondents may consider the possibility of shifting Qayoom from Tihar Jail to ShaheenBagh, New Delhi where he has some residential property so that he could discharge his religious obligations and also look after his wife,” he pleaded.
