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Justice Bedi needs hard evidence to reach right conclusion, rumours won't help
2/6/2012 12:02:33 AM
Early Times Report
srinagar, Feb 5: The Justice Bedi commission probing the death of NC worker Haji Yusuf has fixed February 13th as the next date of hearing. Following the affidavits filed before the commission by the family of the deceased NC worker, counter affidavits have been filed before the commission by Chief Minister Omar Abdullah, MOS home, Nasir Aslam Wani, CM's political advisor, Devender Singh Rana and inspector general of police (crime) Raja Aijaz Ali.
The counsels for these have sought more time from the commission to rebut the allegations leveled by the family members of the deceased NC worker. The custodial death of Haji Yusuf had rocked the State with allegations that the NC worker had been summoned by the Chief Minister to his official residence after which the NC worker's health deteriorated following which he died in the custody of the crime branch sleuths.
It was because of the public outcry over the alleged murder of the NC worker that the State government was compelled to order a judicial probe into the incident. Earlier the State government had maintained that sitting judge of the state high court would probe the death, but after the request was turned down by the state chief justice on account of preoccupation of the high court judges, the state government sought the help of the union law ministry to nominate a retired judge for the probe.
Justice (retired) H.S. Bedi of the Supreme Court was finally assigned the task to head the commission.
A judge of outstanding integrity and proven judicial acumen, Justice Bedi has the confidence of both the people and the judicial fraternity in the country. A deeply religious person with impeccable secular credentials nobody is better suited than Justice Bedi to unearth the truth in this rather ticklish incident of far reaching political consequences.
While Justice Bedi enjoys the confidence of everybody he cannot and should not be expected to have a magic wand. Fixing responsibility and reaching to the right conclusion needs cooperation from everybody. If people do not approach the commission who have any information about the incident the judge cannot come to the right conclusion. People who cried hoarse about the incident alleging publicly that the NC worker had died because of an injury inflicted on him after he was summoned by the CM, must come forward to prove their allegations.
Those alleged to have been involved in the death have the natural right to defend themselves which nobody can deny them. This is the basic tenet of justice which the commission would follow without question. Whatever has been published in the local and national media about the incident can at best distantly help the commission, but this does not have any legal sanctity. Evidence cannot be substituted by rumour. While Justice Bedi has his personal reputation to protect, he definitely needs evidence and that too irrefutable one to reach a firm conclusion. If people do not cooperate with the probe during its currency then it would be the greatest disservice to the society and the larger cause of justice. After the commission concludes its proceedings nobody should cry about justice having been left half way. No judge in the World, whatever, his/her personal integrity and wisdom can base verdicts on rumour. Justice Bedi needs cooperation and evidence. If that is not coming forward, the judge cannot be blamed for half doing his duty.
The Supreme Court refusing to stay the proceedings of the commission is yet another proof that the apex court wants Justice Bedi complete the task assigned to him.
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