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| SC willing to hear Haji Yusuf's son | | | Mustansir
SRINAGAR, Nov 30: In Haji Yusuf death case the Supreme Court has expressed its willingness to hear the son or any other relative of the deceased.
Sources said the case filed by National Panthers Party Legislator, Balwant Singh Mankotia was listed today before the Division Bench comprising Justice, BS Chauhan and Justice SA Bobde while hearing the petition seeking an independent inquiry by the CBI into the custodial death of Yousuf Haji, today said that it wanted to implead the son of the deceased victim.
The court told Prof Bhim Singh, Advocate appearing for the petitioner, "if any of the relations of the deceased are available to be impleaded in the petition."
Sources said Bhim Singh submitted in the court that Yousuf's son, Talib Hussain has already filed an affidavit in this regard urging the Supreme Court that the Government of J&K should be directed to refer his father's custodial death case to an independent agency namely, CBI.
Confirming this Bhim Singh told Early Times from Delhi on phone that the Supreme Court expressed its willingness to hear son or any close relative of the deceased. Singh said that we have included the son of the deceased, Talib Husain in the petition now and the court will come up again for hearing after three weeks. "We would prefer to hear the son in this matter," observed the court.
Bhim Singh submitted the Supreme Court that Haji Yousuf, a businessman closely associated with the ruling National Conference was summoned by Chief Minister Omar Abdullah to his residence on September 29, 2011 following a complaint by another National Conference worker that Yousuf had collected Rs.84 lacs for an MLC seat. Another NC worker had complained that he had paid Rs.34 lacs. Bhim Singh informed the court that the Chief Minister detained Haji Yousuf in his house for over two hours in the evening and then directed Police to arrest him.
It merits a mention here that on October 29 Bhim Singh had informed the court that Police took Haji Yousuf to a police station and he was declared dead on September 30, 2011. He had said that the relatives were not informed about the arrest and death of Haji Yousuf.
Bhim Singh had submitted that the police registered FIR against Haji Yousuf three days after his death whereas no FIR has been registered in connection with the custodial death of Haji Yousuf. He had said that the Supreme Court had issued notice to the State Government on this petition on October 30, 2011 whereas this notice was served on the State on November 9, 2011. Singh said that the J&K government in order to dilute the orders of the High Court appointed a retired Judge on November 18, 2011 instead of implementing the Supreme Court order.
Singh had cited a judgment of the Supreme Court in Gujarat case where the Supreme Court had directed the Government of Gujarat to hand over the investigation of the case to the CBI in the public interest. Singh had said that the custodial death of Haji Yousuf amounted to murder and an FIR u/s. 302 R.P.C. should have been registered without any delay.
"Appointment of a Commission of Inquiry was a move to divert the attention of the media and the public from the real issues," Singh had said. Singh had also filed an affidavit on behalf of Talib Hussain, son of the Late Haji Yousuf who had clearly stated that the police did not inform any member of the family about the arrest of his father nor the family members or a member were informed about his death in custody.
Singh had also informed the court that Jammu and Kashmir has been working as police state for several decades. He had said that he himself has been victim of the 'wrath' of the State Government. He said that he was kept in prison for years even when he was a serving MLA in J&K Assembly. |
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