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Bedi Commission selective in summoning witnesses
Summons only 5 out of 14 witnesses for cross examination, declines to call Omar, others
4/28/2012 12:47:14 AM
Early Times Report

Srinagar,Apr 27: Justice (Rtd) Bedi Commission probing the death under mysterious circumstances of Haji Yusuf today declined to call Chief Minister Omar Abdullah, Minister of State for Home Nasir Aslam Wani, and Political Advisor to Chief Minister Devinder Singh Rana to appear before the commission for cross examination, however, it issued summons to five others to appear personally before the Commission.
Bedi Commission today dismissed the petition moved by the family of the victim through their council Advocate Mushtaq Ahmad Dar for summoning and enforcing the attendance of 14 witnesses in the case which include Omar Abdullah, Nasir Aslam Wani, Devinder Singh Rana, the then IGP Crime Branch Raja Ijaz Ali, Abdul Gafar Malik SSP Crime Branch, Bashir Ahmad Dar Dy. SP Crime Branch, Muhammad Yusuf Bhat, Abdul Salam Reshi, Muzaffer Ahmad Sheikh the then SHO p/s Batamallo, Dr. Nadeem Nazir, Medical Superintendent Police Hospital Srinagar, Dr. Irshad Kuchay
Medical Officer Police Hospital, Dr. Farida Noor, Police Hospital Srinagar, Ghulam Hasan Bhat AIG(P) PHQ and Asgar Hussain Private Secretary to Chief Minister. However, to the utter dismay of the petitioners the Commission declined to summon all the 14 witnesses, it, however, issued summons to 5 among them which include Abdul Salam Reshi, Muhammad Yusuf Bhat, Raja Ijaz Ali, Bashir Ahmad Ganai and Dr. Farida Noor while exempting Chief Minister Omar Abdullah, MoS
Home Nasir Aslam Wani, Political Advisor to CM Devinder Singh Rana and other high profile witnesses.
The petitioners had also prayed for summoning the case diary of police station Crime Branch Srinagar in FIR No. 17 of 2011 which was again turned down by the Commission. However Commission declined the plea of the petitioner contending therein that it was barred by section 162 and Section 172 of the Code of Criminal Procedure. But the council for the petitioners contested the observation of the commission saying that a land mark judgement of Supreme Court reported in 1981 criminal law journal page 743 has held that the Writ Court or Civil Court or any forum conducting civil proceedings has absolutely no bar under section 172 for procuring or summoning the case diaries. Talking to Early Times Advocate Mushtaq Ahmad expressed his dismay on what he termed the subjective as well as selective attitude of the commission, said that today's observation has put a big question mark on the credibility of the commission and that the family of the victim is definitely going to be deprived of the justice. " They had pined hopes in the commission for they were under the impression that the commission was headed by a retired judge of the Supreme Court, however, it was a setback for them and for those who were expecting justice
from the commission" Dar told Early Times adding that the random denial by the commission was highly regrettable. "It is for sure now that the family of the victim will not get justice now as the commission was one sided affair and biased in its approach.
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