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Justice Kalifulla refuses to hear case
Haji Yousuf case adjourned
9/30/2013 11:55:39 PM
Early Times Report

Jammu, Sept 30: The Haji Yusuf custodial killing case was adjourned today when Justice Kalifulla refused to hear the case. According to reports, as soon as the case came up for hearing, Professor Bhim Singh stood up to plead the case. But the presiding Judge, Justice Surinder Singh Nijjar informed that Justice Fakkir Mohamed Ibrahim Kalifulla has expressed his unwillingness to hear this matter.The Panthers Party MLA Balwant Singh Mankotia has filed a PIL, writ petition, in the Supreme Court seeking direction to the Govt. of J&K to hold an independent inquiry into the circumstances that led to the tragic end of the life of Haji Yousuf Shah on intervening night of 29th/30th September, 2011 in a Srinagar Police Station. The Supreme Court had issued notice to the Union of India and the State of J&K on 30.10.2011 the PIL which was received by the State of J&K on 9.11.2011.
Prof. Bhim Singh, Sr. Advocate for the petitioner had also filed an I.A. against the appointment of a civil inquiry commission headed by Justice H.S. Bedi, a retired Judge of the Supreme Court. Justice Bedi also filed his findings on 22.12.2012, a year after his appointment. Mr. Talib Hussein, son of late Mr. Yousuf Haji in his affidavit has described the findings of Justice Bedi Commission as mala fide, irrelevant having no legal sanctity at all. The Supreme Court adjourned the case for two weeks on the request of Mr. Qadri, Advocate-General of J&K.
The petitioner has submitted in his writ petition that Mr. Yousuf Haji, a National Conference senior leader was summoned by the Chief Minister to his house on the evening of 29th September, 2011 along with two other persons who had given Rs.1.8 crores allegedly to Yousuf Haji to buy them seats in the Legislative Council. According to the then Director General of Police, Mr. Kuldip Khoda. Yousuf Haji was arrested from the residence of the CM on the CM's instructions and taken to the Police Station where Mr. Yousuf Haji died. The police claim is that Mr. Yousuf Haji died of cardiac arrest whereas the petitioner and the family members of Mr. Yousuf Haji accused the Chief Minister for the custodial death of Yousuf Haji.
Prof. Bhim Singh has argued that the custodial death should be investigated by an independent agency, namely CBI. He has also sought direction of the Supreme Court to register FIR on the death of Mr. Yousuf Haji.
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