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| SC allows rejoinder to counter affidavit of DGP Khoda | | Mysterious 'death' of NC worker Haji Yousuf | | Early Times Report
JAMMU, Dec 15: Supreme Court (SC) today allowed Jammu and Kashmir National Panthers Party (JKNPP) MLA Balwant Singh Mankotia to file rejoinder to the counter-affidavit filed by Director General of Police (DGP) Kuldeep Khoda.
Division Bench headed by Justice Altmas Kabir comprising of S.S. Nijjar and J. Chelameswar permitted JKNPP Chief and senior advocate Bhim Singh for the petitioner Balwant Singh Mankotia MLA to file rejoinder to the counter -affidavit. Case shall be listed for next hearing after 15 days of vacation.
Petitioner also filed application seeking direction to stay operation of the enquiry commission headed by justice Bedi a Retd Judge of the Supreme Court. Director General of Police (DGP) has filed 75 pages affidavit which is full of contradiction and concoction according to Prof Bhim Singh, the statement said. DGP had filed an affidavit stating that there was no need of CBI probe into the death of NC worker Haji Yousuf.
Rejecting the charge that there was any foul play, DGP had opposed the plea for a CBI probe into the alleged mysterious death of National Conference leader Mohd Yousuf Shah Haji. He had stated that since a judicial inquiry is already on, there was no need of CBI probe. In an affidavit, the state through DGP had claimed that deceased was involved in extortion of huge money from various people offering them important posts by taking the assistance of a mimicry artiste and actor Aijaz Ahmed to mimic the voice of Union Minister Farooq Abdullah.
A bench of justices Altamas Kabir, SS Nijjar and J Chalameshwar, while directing the petitioner Balwant Singh, to file his rejoinder to the state's affidavit, posted the matter for further hearing to January next year. "It is believed by the investigators that the modus operandi employed by the deceased to extract money from unsuspected victims was that he would claim to be very close to leaders of National Conference and misrepresent to victims that he could get high political offices from them," the affidavit alleged.
Denying any role of the Chief Minister in the death, it said "the allegations are ex-facie reckless and not based on any credible material. However, to dispel the misgivings that were being created in public domain, a Commission of Inquiry was established so that the truth may prevail. Prior to this, JKNPP leader had filed a Public Interest Litigation (PIL) seeking CBI probe into death of Late Yousuf Shah, in September this year.
Following the death, JK National Panther's Party MLA, Balwant Singh Mankotia, had moved Supreme Court and filed a PIL, seeking CBI probe into the death. After admitting the PIL, the Apex Court had issued notice to the state government, returnable with two weeks. The case has become more interesting after the one-man Commission of Inquiry, probing the death, on November 30 adjourned further proceedings relating to the case post order of the Supreme Court on December 15.
The Commission headed by Justice HS Bedi, who is to work within the provisions of the Sub-Section 2, 3, 4, 5, 6 of Section 5 of the Enquiry Act, has been given six weeks time to submit its report to the government. Haji Yousuf had died under mysterious circumstances after he was handed over to Crime Branch of the state police allegedly by Chief Minister Omar Abdullah at his residence on September 29 following a complaint by two NC activists-Muhammad Yousuf Bhat of Ganderbal and Abdul Salam Reshi of Kokernag, that the deceased had taken Rs 1.18 crore from them in lieu of ministerial berth and a berth in the Legislative Council for them.
The post-mortem examination and forensic reports had identified cardiac arrest as the cause of Yousuf's death. However, the family of the deceased refuses to buy it and persistently demand CBI probe into the death. Two people including Muhammad Yousuf Bhat and a mimicry artist Aizaz Bhat have already recorded their confessional statements before a magistrate against Haji Yusuf. A case under Section 420 (cheating) and Section 405 (criminal breach of trust) of RPC has been registered against Bhat by the police. |
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