Haji Yousuf 's ghost haunts Crime Branch

Govt To Act On Bedi Commission Report, Initiate Action Against Cops

UMER MAQBOOL

Srinagar, Jan 4:  Jammu and Kashmir Government is contemplating disciplinary action against the Crime Branch (CB) officials held guilty by Justice HS Bedi panel, the one-man Commission of Inquiry (CoI), that was probing the mysterious death of National Conference (NC) activist, Sayeed Muhammad Yousuf alias Haji Yousuf.
 The state government has decided to ask Director General of Police (DGP), Ashok Prasad to initiate action against CB officials held guilty by Justice Bedi in his over 90 pages report. Besides, the rank and file of Jammu and Kashmir police will be directed to ensure compliance to the guidelines laid down by the Apex Court for while making arrests.
 “It has been decided that the State’s Home Department will ask DGP to initiate action against the police officials found guilty of negligence in discharging their duties as they did not inform the family of the deceased (Haji Yousuf) about his arrest,” the State’s Law Minister Ali Muhammad Sagar said.
 “The decision to this effect was taken by the State cabinet yesterday and it is in sync with the report submitted by Justice Bedi,” the Minister added.
 The Commission that was constituted in 2011 to probe the mysterious death of Haji Yousuf submitted its report to the State Government on December 22 last. While giving clean chit to Chief Minister Omar Abdullah, the Commission indicted CB’s Deputy Superintendent of Police Bashir Ahmad Ganai and Munshi Nazir Ahmad. The Commission held the duo responsible for negligence in light of a ruling by the Supreme Court that makes mandatory for the police to inform friends/relatives of an arrestee about his/her detention.
 In D K Basu v/s State of West Bengal, the Apex Court has laid guidelines for police vis-à-vis arrests. Following the ruling, Ministry of Home Affairs (MHA) had passed directions to all the States including JK to follow these guidelines in letter and spirit.
 The Law Minister also said that the State’s Home Department will ask the police to ensure compliance to the guidelines laid by the Apex Court while making arrests.
 “We have decided that the Home Department will be asked to ensure implementation of guidelines laid by the Apex Court vis-à-vis arrests by the rank and file of police,” Sagar said.
 Sources told Greater Kashmir that the Home Department has been conveyed about the cabinet decision and action will be initiated shortly on the matter.
 Pertinently, Yousuf was handed over to CB by Chief Minister, Omar Abdullah on September 29, 2011 after he allegedly admitted that he had taken money from two NC workers for getting them berths in the Legislative Council and the state council of ministers. He died mysteriously in custody of CB while Yousuf’s family alleged that he was tortured to death.
 Following the pressure built by the opposition parties, the State Government appointed Justice Bedi to probe the death of Haji Yousuf even as an earlier magisterial inquiry exonerated CM of all the allegations leveled by Yousuf’s family and opposition.
 The Commission was appointed by the State Government vide notification no. 340 dated 18 November 2011 and its term was extended from time to time up to December 28, 2012. The Commission held its hearings on 22 days and 17 persons had filed affidavits before it. In addition, 11 persons filed additional affidavits.
 During proceedings of the Commission senior Supreme Court lawyer Gaurav Pachnanda and Additional Advocate General M A Chashoo represented Chief Minister Omar Abdullah while senior Additional Advocate General A M Magray represented the State, while F A Kathwari defended Crime Branch and M A Dar represented family of the deceased.

Lastupdate on : Fri, 4 Jan 2013 21:30:00 Makkah time
Lastupdate on : Fri, 4 Jan 2013 18:30:00 GMT
Lastupdate on : Sat, 5 Jan 2013 00:00:00 IST




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