Yousuf death row takes a dramatic turn

Why not FIR, CBI probe? SC issues notice to GOI, J&K Govt

Ahmed Ali Fayyaz

SRINAGAR, Oct 31: Political controversy over the death of the National Conference (NC) activist Haji Mohammad Yousuf of Bijbehara today took a dramatic turn when Supreme Court of India issued notices to Government of Jammu & Kashmir as well as Government of India, asking why a murder case be not filed in the matter and why the inquiry be not assigned to Central Bureau of Investigation (CBI).

Senior Supreme Court advocate and Patron of the National Panthers Party (NPP), Prof Bhim Singh, told Early Times that with a Public Interest Litigation (PIL) on behalf of NPP President and MLA Udhampur, Balwan Singh Mankotia, he appeared today before a two-judge Bench at the apex court. According to him, the petitioner has complained that Haji Yousuf had died in “suspicious circumstances” hours after coming out of J&K Chief Minister Omar Abdullah’s office-cum-residence on Gupkar Road, Srinagar, on September 30^th.  He has complained that inspite of the hue and cry by family members of the deceased and palpable public unrest, Government of Jammu and Kashmir has neither filed an FIR nor got the matter investigated by any official agency in the last one month.

Bhim Singh said that his client has prayed for registration of FIR besides a credible investigation by CBI. According to him, Mr Mankotia has asked in the PIL as to why family members or an attorney of the deceased NC activist were not informed about his detention by Crime Branch till he was found dead in a Police hospital. He said that taking cognizance of the custody death, the Bench comprising Mr Justice Altamas Kabir and Mr Justice Surinder Singh Nijjar served notices on the Government of Jammu & Kashmir and the Union Government, asking why FIR be not registered and the investigation assigned to CBI. The notices are returnable within two weeks.

Known for his proximity to the NC President and union Minister Dr Farooq Abdullah and Chief Minister Omar Abdullah, 61-year-old Haji Yousuf of Loktipora, Bijbehara, had been called to the CM’s camp office, adjacent to his residence, on Gupkar Road, on September 29^th when two of his party colleagues reportedly complained to Chief Minister that he had collected an amount of Rs 1.18 Cr from them for favours not done. Mr Omar Abdullah’s constituency representative in Ganderbal, Mohammad Yousuf Bhat, complained that Haji had received from him Rs 84 Lakh with the commitment that he would be appointed as a Member in Legislative Council on NC’s ticket in the April 2011 elections and thereafter inducted as a Minister of State (MoS) in the Council of Ministers.

Similarly, another junior NC activist, namely Abdul Salam Rishi of Akingam (Anantnag), complained that Haji had collected cash worth Rs 34 Lakh from him for getting him elected as MLC. According to the complainants, Haji had assured them that he had fixed the deal with the NC President Dr Abdullah. While as Rs 1.00 Cr stood fixed as the “fee” for becoming MLC plus MoS, aspirants of a berth in Legislative Council were supposed to pay Rs 50 Lakh each. Even as the complainants maintained during two rounds of conversation with Chief Minister and his colleagues that they had not struck the deal directly with Dr Abdullah, they claimed that Haji had arranged their telephonic interaction with the NC President.

Rishi revealed that Haji returned to him Rs 23.50 Lakh when he was not appointed MLC but he retained rest of Rs 10.50 Lakh. Bhat claimed that Haji had retained entire Rs 84 Lakh even after he failed to get him elected as MLC /inducted as MoS of R&B Department. Thereupon, Chief Minister reportedly called IGP Crime, Raja Aijaz Ali, and gave all three of his party colleagues into his custody for registration of a criminal FIR and detailed investigation. However, Haji developed disturbing symptoms on way to Crime Branch headquarters that prompted his admission into Police Hospital. Next morning, he breathed his last in mysterious circumstances.

Inquest conducted by additional District Magistrate of Srinagar did not detect any foul play. It established “cardio respiratory arrest” as the cause of death on the basis of medico-legal opinion from FSL and Forensic Medicine Department of Government Medical College Srinagar.

Government got a matter of “cheating” registered at Crime Branch against Haji and also announced judicial inquiry into the circumstances that led to his death. It requisitioned a sitting High Court judge from Chief Justice of J&K High Court for holding a commission of inquiry into Haji’s death. The other day only, Registrar General of J&K High Court, Mr J R Kotwal, communicated back to the state government, through Department of Law, that a sitting judge could not be spared for the investigation due to heavy workload and embargo by Supreme Court of India. Chief Minister ultimately wrote a letter to the union Minister of Law and Justice, Salman Khursheed, seeking a panel of three names of the retired judges of Supreme Court. He made it clear that one among the three would be appointed as Commission of Inquiry into Yousuf death controversy.

Even before the NPP leaders, Mankotia and Singh, approached Supreme Court of India with their PIL, deceased NC activist’s son, Syed Talib, filed a petition in an anti-corruption court in Srinagar, seeking thorough investigation into the charges of political corruption emanating from the death row. Court is expected to dispose off the petition on November 1^st. J&K State Accountability Commission (SAC), which is continuing deficient in terms of human resource, has remained a mute spectator to the serious accusations of political corruption that have made all the political appointments suspect in Jammu & Kashmir.

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