KL Report
Srinagar
The Bedi Commission which was formed to investigate the mysterious death of National Conference activist Haji Syed Mohammad Yousuf has absolved chief minister Omar Abdullah in the case.
The commission which submitted its report on Saturday said the death of Haji Yousuf took place because of a heart attack and it has held two police officials responsible for not discharging their duties properly.
The law secretary of J&K, GH Tantray, received the 96-page report of Hon’ble Justice HS Bedi, which was inquiring into the circumstances leading to the death of Yousuf allegedly inside the chief minister’s house.
The Department of Law, Justice and Parliamentary Affairs, J&K released the abstract findings of the report to the media on Saturday, “On a cumulative assessment of the evidence on record, it has been found that the death of Haji Syed Mohammad Yousuf was caused by myocardial infarction which as Dr. Noor says would mean a ‘heart attack’ and that no suspicious circumstances can be spelt out,” the report states in its finding.
“The evidence also reveals that the deceased had received proper treatment while in the hospital and Dr. Kuchay had done his duty as per the needs of the patient. No lapse, therefore, can be attributed to either Raja Aijaz Ali or Dr. Kuchay in the discharge of their duties,” the report further reads,“I am, therefore, of the opinion that the deceased had been in fact arrested on the 29th September 2011 from the ‘CM’s CO’ by IGP Raja Ajaz Ali and in any event after the registration of FIR No. 17/2011 at 10.00 pm,” the reports says.
The Bedi Commission was appointed by the state government vide Notification SRO 340 dated 18th November, 2011 and the term of the commission was extended from time to time up to 28th December, 2012. The commission held its hearings on 22 days and 17 persons had filed affidavits before it. In addition, 11 persons filed additional affidavits. The commission recorded statement of 21 persons and perused various documents in the course of investigations.
While referring to the judgement of the Hon’ble Apex Court in D.K Basu’s case, the commission observed, “The DSP has, however, admitted in his evidence that he had not himself conveyed the information about the arrest and detention of the deceased to his associates/relatives but had passed on this duty to Munshi Nazir Ahmad.”
The commission has held Superintendent of Police, Bashir Ahmad and Munshi Nazir Ahmad liable of having failed to discharge their duties as per law. “SP Bashir Ahmad Ganai and Munshi Nazir Ahmad who appeared as OW2 and OW10 respectively, are, therefore, held liable of having failed to discharge their duty as per law,” the report says.
