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HindustanTimes Thu,31 Jul 2014

NC worker's death case: justice Bedi commission submits report

Amir Karim Tantray , Hindustan Times  Jammu, December 22, 2012
First Published: 14:32 IST(22/12/2012) | Last Updated: 19:30 IST(22/12/2012)

The commission of inquiry appointed by the state government and headed by former Supreme Court judge justice HS Bedi (retd) to probe into the high profile death of Haji Syed Mohammad Yousuf on Saturday submitted its report to state law secretary Ghulam Hassan Tantray in which heart attack has been found the reason of death.

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The report has held responsible deputy superintendent of police Bashir Ahmad Ganai and munshi Nazir Ahmad of failing to discharge their duty as per law. The report at the same time gave clean chit to then IGP crime Raja Aijaz Ali and a doctor.

"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 said.

Now the law secretary will study the report before submitting it to chief minister Omar Abdullah for further action. On Saturday morning, Omar wrote on his micro-blogging social website Twitter page, "Justice Bedi has submitted his inquiry report to the state law secretary. Have asked for the findings to be studied before sharing with me." Even the law secretary confirmed the news of submission of report.

"Yes, the report was submitted to me around 10 am on Saturday. It will take me one week to study before submitting it to cabinet," Tantray told the Hindustan Times.

The finding at para (41) of the report reads, "On a cumulative assessment of the evidence on record it must be 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."

On September 29, 2011, Yousuf, who was facing the allegation of taking a bribe for ensuring seat in legislative council, was called by Omar Abdullah at his Srinagar residence and handed him over to crime branch of police. On the very next day, Yousuf died in the police custody. The relatives of the NC worker as well as Peoples Democratic Party (PDP) alleged foul play.

The state government had first ordered a magisterial inquiry that gave a clean chit to Omar Abdullah and crime branch in its report submitted on February 2, 2012. But before that, due to pressure from family and opposition, the government had ordered judicial probe headed by Justice Bedi (retd).

Bedi was assisted by a senior police officer and a magistrate Nayeem Ahmad and the state law and home department were asked to provide every possible help to the commission. The commission held hearings on 22 days in which 17 persons filed affidavits before the commission. In addition, 11 persons filed additional affidavits. The commission recorded the statement of 21 persons and perused various documents, etc.

The post-mortem and forensic report had identified that Yousuf died because of cardiac arrest but the family did not buy the police argument.

During the course of inquiry, Justice Bedi questioned eye witnessed and also went through the forensic report, CCTV footage and other important documents. It took him more than a year to prepare the report and submit it to the government.


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