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| SC fixes Yusuf Haji's Case for final disposal | | |
Early Times Report
JAMMU, Feb 3: The Supreme Court today fixed Haji Yusuf case for final disposal. The order was passed by a division bench comprising Justice JJ Altamas Kabir and SS Nijjar in a petition filed by JKNPP MLA, Balwant Singh Mankotia. The petitioner represented by Professor Bhim Singh has sought an independent investigation by CBI into the killing.
Yusuf Haji died under mysterious circumstances on 29th September, 2011 inside a Srinagar Police Station where he was admittedly detained on the directions of the Chief Minister, Omar Abdullah.
Bhim Singh prayed for early hearing for final disposal of the writ petition. He submitted there was every possibility the relevant record in connection with the entire episode including the material relating to the valid evidence maybe destroyed by the State Government since the government itself was a party to the incident including wrongful confinement of the deceased and his death in custody.
The petitioner has also filed a rejoinder containing rebuttal of the lies incorporated in the counter affidavit filed on behalf of the State. The Director-General of Police and the Govt. of J&K through the Chief Secretary have admitted that the deceased was in custody at the time of his death.
It has also been admitted by the Government that no FIR was lodged in the case. The Director-General of Police has also admitted that the police did not inform the only son of the deceased. The Government of J&K has admitted that Late Yusuf Haji was taken to custody by the Inspector-General of Police in his official vehicle from the residence of the Chief Minister on 28th September, 2011 on the instructions of the Chief Minister.
The Government of J&K instead of responding to the notice of the apex court constituted an inquiry commission under a retired Judge of the Supreme Court of India only to defeat the process of law initiated by the Apex Court of India. It is pertinent to mention that inquiry commission under the 1962 Act does not enjoy any competence to hold an inquiry nor it has any authority of law to deal with criminal matters as is the subject matter of the present writ petition before the Supreme Court of India.
Bhim Singh in his forceful argument pleaded for early disposal of the petition so that justice is done to the family of the deceased. |
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