New Delhi, Dec 15: In a significant development in the case related to death of National Conference (NC) activist Syed Muhammad Yousuf Shah alias Haji Yousuf, a fresh petition was Thursday filed in the Supreme Court seeking Apex Court’s direction to stay operation of the one-man Commission of Inquiry (CoI) appointed by the state government.
The Commission is headed by retired Supreme Court judge Justice HS Bedi. The Commission has adjourned the probe till the outcome of the case being heard by the Apex Court.
A Criminal Miscellaneous Petition (CMP) was filed by the Panthers Party leader and senior counsel Bhim Singh immediately after J&K police chief Kuldip Khoda’s affidavit was filed in the Apex Court.
Meanwhile, a Division Bench of the Court headed by Justice Altamas Kabir and comprising of Justice S S Nijjar and Justice J Chelameswar also permitted Bhim Singh to file a rejoinder to the counter-affidavit filed by DGP within four weeks.
The new hearing in the case will now take sometime after the fortnight winter vacations of the Apex Court end next month.
Earlier, Singh had made a special mention before the Court after the case listed for today could not be taken up as the arguments in the earlier cases being heard by the Court prolonged.
Singh urged the Court to take cognizance of the counter-affidavit and accordingly issue directions.
Accepting his plea, the Court directed him to file the rejoinder. Singh also brought to the Court’s notice the fact that the Government of Jammu and Kashmir has not filed any affidavit in the matter. Only the state DGP had filed an affidavit while claiming that he has some knowledge about the case, Singh argued.
In his counter-affidavit, Khoda had said that on the basis of the information received by him, he had some degree of knowledge of the case. He also described the petition filed by Panthers Party MLA Balwant Singh Mankotia as misconceived and baseless and demanded its dismissal.
DGP further said in the affidavit that the petitioner is neither connected with the demise of the deceased, nor can he be said to be aggrieved by the demise of Haji Yousuf. “Petitioner is only a busybody, who has filed the Writ Petition to for narrow political and personal gains,” it further read.
NC activist Haji Yousuf of Bijbehara, Anantnag died in custody after he was handed over to the Crime Branch of the state police at the Chief Minister Omar Abdullah’s official residence in Srinagar on September 29. Haji Yousuf was summoned to the Chief Minister’s residence in connection with the investigation of a complaint by two fellow NC workers Muhammad Yousuf Bhat of Ganderbal and Abdul Salam Reshi of Kokernag that they had paid Rs 1.18 crore to him (Haji Yousuf) for ensuring them berths in the council of ministers and the legislative council.

Lastupdate on : Thu, 15 Dec 2011 21:30:00 Makkah time
Lastupdate on : Thu, 15 Dec 2011 18:30:00 GMT
Lastupdate on : Fri, 16 Dec 2011 00:00:00 IST