Court declines to order CBI probe in Yousuf death episode

Gupkar Road heaves sigh of relief but petitioner to file appeal in HC

Ahmed Ali Fayyaz

SRINAGAR, Nov 1: Notwithstanding Supreme Court notices to the State and the Central governments on Monday, an anti-corruption court today dismissed a petition seeking orders of CBI probe into the death of the ruling National Conference (NC) activist Haji Mohammad Yousuf and the accusations of political corruption leveled indirectly against the NC President and union Minister Dr Farooq Abdullah. Yousuf had died in controversial circumstances hours after being interrogated at Chief Minister Omar Abdullah’s residential office on September 29^th.

Special judge at designated anti-corruption court, Mr Mohammad Yousuf Akhoon, dismissed the petition of Syed Mohammad Talib, son of the deceased NC activist, Haji Yousuf of Loktipora, Bijbehara, with the observation that a subordinate court had not competence and jurisdiction to order an inquiry to CBI. Petitioner’s counsel, Advocate Mushtaq Ahmad, had offered his arguments on October 28^th and 29^th.

While Talib’s petition was under hearing in Srinagar, National panthers Party patron and senior advocate, Prof Bhim Singh approached Supreme Court of India with the identical prayer of registration of a murder case and a detained investigation by CBI. On Monday, a two-judge Bench of the apex court issued notices, returnable within two weeks, to the state government as well as the union government, asking why FIR be not registered and the inquiry be not assigned to CBI. Admission of the PIL, filed by state President of NPP and MLA of Udhampur, Balwan Singh Mankotia, through counsel Bhim Singh, would depend on the response from Government of Jammu and Kashmir and Government of India.

Supported by a number of the mainstream opposition parties, petitioner Syed Talib had underscored the accusations of the political corruption leveled indirectly against the top corridors of power, including union Minister of New and Renewable Energy Dr Farooq Abdullah. During the course of two interactions with Chief Minister Omar Abdullah, complainants Mohammad Yousuf Bhat of Ganderbal, who also happened to be the CM’s Constituency representative in Ganderbal, had alleged that he had paid an amount of Rs 84 Lakh to the NC patriarch through Haji Yousuf on account of making him MLC and Minister of State for R&B in Omar Abdullah government.

Another NC activist and complainant, namely Abdul Salam Rishi of Akingam Anantnag, had alleged that he too paid Rs 34 lakh to the NC top brass for becoming MLC. Both had told Chief Minister that Haji Yousuf assured them that the money was being collected for Dr Abdullah. However, neither of them claimed to have directly talked to Dr Abdullah on the subject though they claimed that deceased Yousuf made them talk to Dr Abdullah over telephone. When neither of them got NC’s ticket in the Legislative Council elections in March 2011, they began demanding the money back. His failure led to the complaint going directly to Chief Minister on September 29^th.

NC as well as the state government have heaved a sigh of relief over today’s judgment of the anti-corruption court in Srinagar. Petitioner Talib as well as his counsel, Mushtaq Ahmed, however told mediapersons that they would go in appeal to J&K High Court.

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