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Bedi Commission allows examination of 6 witnesses
Haji Yousuf death controversy
8/9/2012 12:23:23 AM
Early Times Report
srinagar, Aug 8: While declining the appearance of four Delhi and Chandigarh based forensic experts, Justice HS Bedi Commission today allowed examination of six out of 11 witnesses proposed by National Conference (NC) senior worker Haji Syed Mohammad Yousuf's family.
Haji Yousuf had died in controversial circumstances on September 29, 2011, after being given in custody of the State Crime Branch by Chief Minister Omar Abdullah at his residence. Purportedly confronted by two NC activists and aspirants for Ministerial berths, Haji had allegedly collected cash worth Rs 1.00 Cr but failed to return it to the two clients when neither of them was inducted as MLC or Minister, earlier last year. His death in Police custody led to allegations by his family, as well the opposition PDP, who claimed that Haji had been "killed" for blocking track of investigation to the ultimate receivers of the money.
As the matter came up for hearing today, advocate Mushtaq Ahmad Dar, the counsel for Haji Yousuf's family, moved an application before the Commission seeking examination of 11 witnesses including, four forensic experts from All India Institute of Medical Sciences (AIIMS) Delhi and Central Forensic Science Laboratory (CFSL) Chandigarh.
However, the Commission declined to summon the four forensic experts and the driver of the deceased NC activist.
Revealing details of the application to Early Times, advocate Dar said that the doctors whose examination he had sought, included Dr TD Dogra, Professor and Head of the Department Forensic Medicine AIIMS, Dr Rajeev Girotti, junior scientific officer CFSL Chandigarh, Dr Sanjeev, senior scientific officer CFSL Chandigarh and Dr Manzoor-ul-Haq, the third member of a board of doctors who conducted Haji Yousuf's autopsy.
Besides, the four doctors, advocate Dar sought examination of Haji Yousuf's brothers, Syed Mohammad Hussain and Syed Mohammad Shafi, Ali Mohammad Bhat (family friend), Syed Talib Hussain (son), Mst Wajahat (daughter), Syed Muzaffar (CPO Crime Branch) and Khurshid Ahmad Wani (driver-cum-PSO). The Commission allowed examination of all these witnesses expect for Syed Muzaffar and Khurshid Wani, Dar informed.
Asked why he wanted examination of four forensic experts, which was declined by the Commission, Dar said that he wanted to prove the death of Haji Yousuf as a culpable homicide which amounts to murder.
"Even if the post mortem report submitted by the doctors in Srinagar is presumed correct that Haji Yousuf died because of cardiac arrest, still as per the modern science, it can be proved that it was a case of culpable homicide amounting to murder," advocate Dar asserted.
He added that examination of the four forensic experts which has been declined by the commission was needed to counter the report of doctors who conducted post mortem on body of Haji Yousuf.
In its last hearing, on July 5, six witnesses, including a Deputy Superintendent of Police, were cross examined by the Commission.
Dr Fehmeeda Noor, HoD Forensic Medicine at Government Medical College Srinagar had said during cross examination on June 2nd last that Haji had died because of sudden heart attack. She clarified that she was not present when different medical tests had been executed on Haji Yousuf's body.
Earlier then IGP Crime, Raja Aijaz Ali and a Deputy Superintendent of Police, who was investigating Haji's death, were cross examined before the Commission.
The Commission has already declined attendance and oral examination of Chief Minister Omar Abdullah and his Minister of State for Home, Nasir Aslam Wani, and CM's Political Advisor, Devinder Singh Rana. Besides Omar, Rana and Wani, those who were exempted from cross examination, included Asghar Hussain, CM's Private Secretary, Ghulam Hassan Bhat Assistant Inspector General of Police, Abdul Gaffar Malik, SSP Crime, Muzaffar Khan, then SHO Batmaloo, Dr Irshad Kuchay, Medical Officer of police hospital and Dr Nadeem Nazir.
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