KL Report
Srinagar
Justice H S Bedi Commission probing the death of National Conference worker Haji Syed Mohammad Yusuf Wednesday reserved its judgment after both the parties concluded their arguments in the case.
The Bedi Commission heard the final arguments of counsels representing the Chief Minister, others and family of the deceased.
Continuing his arguments before the Commission, the Supreme Court counsel Gaurav Pachnanda representing Chief Minister, Omar Abdullah, Nasir Aslam Wani, Minister of State for Home, Political Advisor to Chief Minister, Devinder Rana and Chief Minister’s private secretary, Asgar Hussain submitted before the Commission that the deceased (Haji Syed Mohammad Yousuf) wasn’t beaten or assaulted or injured or otherwise harmed in any manner, by or at the instance of persons present at the camp office of the Chief Minister.
“Further, there is no evidence at all which would indicate that the death of the deceased is remotely attributable to the acts or omissions of any other person. Actually, the deceased died due to myocardial infarction as had been reported in the post-mortem”, he added.
The Counsel submitted before the Commission that the evidence produced before the Commission by the relatives of the deceased was only hearsay, which was not permissible under law.
“Admittedly, the relatives of the deceased have no personal knowledge of the events that occurred at the camp office and their allegations are only based on speculations and some media reports”, he added. The evidence of the relatives of the deceased doesn’t corroborate their allegation that the deceased was beaten up or assaulted at the camp office.
Further, an interesting part of the case is that the counsel for the relatives of the deceased haven’t cross-examined the then IG Crime Branch, Raja Aijaz Ali even as earlier the former stated that the latter had only informed them that the deceased had been assaulted at the camp office.
The sequence of events which happened with the deceased, after they left the camp office and while they were together in the Maruty Gypsy are best know to two persons – Mohammad Yusuf Bhat and Abdul Salam Reshi, being eye-witnesses to the entire event. Both of them had accompanied the deceased to the Crime Branch, in their gypsy.
The counsel for CM and others has said, “evidence of the eye-witnesses suggested that the deceased hadn’t vomited any blood in the Maruti Gypsy nor did any untoward incident happen at the camp office or in the gypsy on way to Crime Branch”.
Contesting the statement of Abdul Salam Reshi before certain television channels, he stated, “during cross-examination Abdul Salam Reshi himself admitted I made statement before Times Now Anchor while I was emotionally surcharged”.
Besides, the reliance placed by the relatives of the deceased, on the alleged statement made by Abdul Salam Reshi on 30 September, 2011, before Syed Mohammad Husssain, brother-in-law of deceased, as the basis of their allegation is misplaced, because there was no cross-examination of Abdul Salam Reshi by the counsel for the relatives of the Deceased. This happened after Abdul Salam Reshi (during his cross-examination) rendered a version of events different from the version set out by the relatives of the deceased didn’t put their version of the case to Abdul Salam Reshi.
The contents of the CCTV footage of the events, which occurred at the camp office, have been proved through the affidavit of Bashir Ahmad Ganie, Deputy Superintendent of Police and Investigation Officer investigating this case. “This has also been proved through his examination before the Commission, said the Counsel adding, “it is submitted that the evidence of the relative of the deceased fails to controvert the evidence of the CCTV footage of the events, which occurred at the camp office, during the examination of Ganie”.
Referring to the post-mortem report of the deceased, which was conducted under the supervision of an Executive Magistrate in the Police Hospital, the counsel submitted that the cause of death was myocardial infarction; in simple terms it is called cardiac arrest.
“The cause was based on detailed history, post-mortem findings, radiological examination, forensic science laboratory and histopathological reports”, he submitted adding, “once a post-mortem report is submitted before a court, the burden of proof is on the persons challenging it’s correctness to prove anything contrary to what is stated in the post-mortem report. It is crucial to note that no medical or expert evidence was adduced by the relatives of the deceased, in order to contradict the post-mortem report.”
Earlier, Chief Minister, Omar Abdullah in his counter-affidavit before the Commission submitted, “I deny any wrongdoing alleged to have happened in my presence to the deceased at my camp office during the meeting on 29th November. I hadn’t instructed anyone including those present during the scene to beat anyone and no crime of such nature took place in my presence”.
Nasir Aslam Wani, MoS Home stated in his affidavit, “the allegations that the deceased was taken in a separate room by security mean while at the residence of Chief Minister in Srinagar are false and incorrect”, adding, “the allegations in Syed Mohd Hussain’s affidavit that the deceased was taken to another room by security men, while Abdul Salam Reshi waited outside, at the camp office and the deceased came out only after an hour, is completely baseless and incorrect”.
“Similarly, the allegations in Haji Syed Mohd Shafi’s (brother of deceased) affidavit to the effect that the then IGP (Crime) along with the Deponent and Devinder Rana, Political Advisor to Chief Minister took away the deceased to a separate room for 30 minutes at the camp office is incorrect and without any basis at all. Also, the allegations in the affidavit that the deceased was ‘unable’ to walk without support, talk or speak is also false, incorrect and without any basis”, said the counsel.
Asgar Hussain, Private Secretary to the Chief Minister also deposed before the Commission that there was no untoward incident during the period when Abdul Salam Reshi, Mohd Yousuf Bhat and Haji Syed Mohd Yousuf were present at the camp office. “No physical harm or assault of any kind was inflicted upon Haji Syed Mohd Yousuf at he camp office by anyone and he walked way with IGP Crime sometime later in good physical condition”, says the document.
On Wednesday, Farooq Ahmad Kathwari representing the Crime Branch argued that police had followed all legal formalities in the case pleading there was no lapse or negligence on part of the Police.
Counsel for the family of the deceased, Mushtaq Ahmad Dar argued that police had not followed the mandate of B K Basu judgment in the case.
“The deceased was never admitted in the Police hospital as claimed by the police and entire record produced by the police and medical authorities is fudged and fabricated,” he argued.
The State Government had on November 18, 2011appointed the retired Supreme Court judge H S Bedi as the head of a one-man Commission to probe the death of 61-year-old Haji Yousuf in custody.
Yousuf was handed over to the them IG, Crime Branch, by the Chief Minister on September 29,2011 after he allegedly admitted that he had taken money from two National Conference workers for getting them berths in the Legislative Council and the State Council of Ministers.
He died a day later. While Yusuf’s family alleged he was tortured to death, an autopsy showed that Haji Yousuf died of cardiac arrest.
The Commission was asked to complete its probe within six weeks but due to ‘unavoidable circumstances’, including pendency of a petition relating to the matter before the Supreme Court and adverse weather conditions, the State Government granted a three-month extension to the Commission on January 7,2012.
