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| SC to hear petition for CBI probe into mysterious death of Yusuf Haji | | | EARLY TIMES REOPRT
Jammu, Oct 13: The Supreme Court shall hear writ petition seeking CBI investigation into the mysterious custodial death of Yusuf Haji on 29th/30th September, 2011 at the residence of the Chief Minister, Omar Abdullah in Srinagar.
The matter will come up for hearing before the Supreme Court of India on 31st October, 2011.
This petition filed by Balwant Singh Mankotia, MLA (Udhampur) & state president of JKNPP.
The petition has sought CBI inquiry and investigation on the mysterious death in custody of Yusuf Haji who was summoned to the residence of the Chief Minister and then handed over to Inspector General (Crimes) late in the evening.
The petition has alleged that he died in police custody and therefore CBI inquiry is important because;
Yusuf Haji (deceased) was arrested on the order and the direction of the Chief Minister as admitted by him without any authority of law.
Yusuf Haji (deceased) was taken to police station instead of civil hospital after he was assaulted at the residence of the Chief Minister, where he started vomiting blood on 29th September 2011.
There was a conspiracy hatched by the Chief Minister with other police officials to demolish the evidence which could have put the Chief Minister and his father in a dangerous trap of corruption.
That is why Yusuf Haji (deceased) was taken to police custody to close his chapter. The Chief Minister and other officials violated the law of the land as laid down by this Court in D.K. Basu’s case.
The relatives and family members were kept in dark about the whereabouts and situation right from his detention under the order of the Chief Minister on the evening 29th September till after the death of Yusuf Haji.
The family members learnt about his death only after 4.00 p.m on 30th September. FIR lodged by Talib Hussein/so Yusuf Haji at 4.00 p.m. on 30th September was not registered by the Batmaloo police station.
No FIR on the custodial death of Yusuf Haji has been filed till date.
The three top officials, the Principal Secretary Home, Director General of Police and Inspector General, Crimes have declared publicly in a press conference in Srinagar without any investigation by any independent agency that Yusuf Haji (deceased) had died of ‘Cardio Respiratory Arrest’.
Postmortem of the deceased was conducted by a selective list of doctors in police hospital when there was no power available in that two room so-called police hospital without taking the family members of Yusuf Haji into confident without registering an FIR under the Cr.P.C.
The members of the family of the deceased were not informed about his serious illness or whereabouts after taking him in custody on the direction of the Chief Minister at 10:00 p.m. as admitted by the Chief Minister himself.
An FIR No.17/2011 u/s. 420 was filed in the police station against the dead man but there was no FIR filed on the death of the person concerned.
The Chief Justice of Jammu and Kashmir High Court has already refused the request of the Chief Minister of J&K to hold judicial inquiry into this matter by a sitting Judge of the High Court.
Besides independent and impartial inquiry or investigation cannot be held by the persons junior to the DG Police or Secretary Home or any State Agency subordinate to the Chief Minister (who is also holding the Home portfolio in the State) or Director General of Police or Principal Secretary Home who have already given their public judgments declaring death of Yusuf Haji as natural and due to ‘Cardio Respiratory Arrest’ which are totally opposite and contradictory to the existing facts and the statement of eye witness.
Suspicion is natural about the mysterious death of Yusuf Haji. Why he was shifted to police hospital and not to a civil hospital? Was he dead the time he was allegedly taken to the police hospital? When Yusuf Haji (deceased) was vomiting blood in the presence of the Chief Minister, why he was not taken to a civil hospital in the close vicinity? It was 10.00 p.m.
The Board of Doctors which was secretly constituted to perform the post-mortem has ‘certified’ in their report that no external injuries were found on the body of the deceased. On the other hand son of the deceased has released even picture of the dead body of Yusuf Haji which has demolished the statement of the Government officials and the so-called board of doctors.
That there was a dangerous precedent in violation of Article 21 of Constitution of India that life of a peace loving citizen, namely, Yusuf Haji was taken away by the infringement of the mandate of the fundamental rights as enshrined in Article 21 of the Constitution of India among other provisions of law.
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