Yousuf’s son to be impleaded in writ petition in SC seeking CBI probe

A Division Bench of Supreme Court of India comprising JJ Mr.B.S. Chauhan and Mr. S.A. Bobde while hearing the petition seeking an independent inquiry by the CBI into the custodial death of Yousuf Haji, told Prof.Bhim Singh, Sr.Advocate appearing for the petitioner Mr. Balwant Singh Mankotia, MLA if any of the relations of the deceased are available to be impleaded in the petition. Prof. Bhim Singh submitted in the court that Yousuf’s son, Mr. Talib Hussain has already filed an affidavit in this regard urging the Supreme Court that the Govt. of J&K should be directed to refer his father’s custodial death case to an independent agency namely, CBI.
The Supreme Court expressed its willingness to hear son or any close relative of the deceased. The court observed, “We would prefer to hear the son in this matter. We can understand the need for a third party filing a petition if thre is no son or any other family member.”
Mr. Yousuf Haji a noted NC activist and associate of Dr. Farooq Abdullah, the father of the Chief Minister, Omar Abdullah was summoned by the Chief Minister to his house along with two other NC activists on 29th September, 2011. Two NC activists had lodged a complaint against Mr. Yousuf Haji that he had taken Rs.84 lacs and Rs.34 lacs respectively to earn them a seat in the Legislative Council. After two hours close-door meeting of Mr. Omar Abdullah with Mr. Yousuf Haji, he was dispatched to police station under his orders through IG (Crimes). The two complainants had given video interviews stating that Mr. Yousuf Haji was vomiting blood and in bad condition when he was taken out of Chief Minister’s house at about 6.00 p.m.
Yousuf Haji according to the then Director General of Police, Mr. Kuldip Khoda was taken to Raj Bagh Police Station and then to Police Hospital. There is no substance in the evidence as no officer on duty has signed detailed affidavits before the Supreme Court. This has been established even by an inquiry commission of retired Supreme Court judge that the relatives of Yousuf Haji were not informed about his arrest or whereabouts at all. According to the Director General of Police, Mr. Khoda, Yousuf Haji died at about 9.30 a.m. of 30th September, 2011 whereas his dead-body was delivered to his relatives after 7.00 p.m.
One FIR no.17/2011 was lodged with the Crime Branch on the night of 29th September, 2011 which has been challenged in the writ petition. This has been established even in Justice Bedi’s report that FIR was received by Chief Judicial Magistrate only 3rd October, 2012.
Prof. Bhim Singh has been insisted before the Supreme Court that FIR should lodged on the custodial death of Yousuf Haji. He submitted before the court that the Govt. had tried to wash its dirty hands in the case by appointing a District Magistrate on the cause of death. After that a retired Judge of Supreme Court was appointed only to wash of the case. He said that inquiry commission cannot investigate the cause of death. He has been advocating strongly for investigation into the cause of the custodial death and the criminal intention of the government to wash the evidence relating to his death.
Prof. Bhim Singh made a strong submission for the security of Mr. Talib Hussain, son of Late Yousuf Haji. The Supreme Court observed, “The State of J&K is here to take care.” On this J&K’s Advocate-General, Mr. M. Qadri assured that, “The Court that Hussain need not have any security-related apprehension.”
The Supreme Court shall hear the matter after three weeks.
Prof. Bhim Singh was assisted by Mr. B.S. Billowria and D.K. Garg, Advocates.