Bedi Commission disallows examination, cross-examination of CM, Nasir, Rana

IGP Crime, DySP, doc among several to be questioned

Excelsior Correspondent
JAMMU, Apr 27: In the much publicized death of National Conference worker Syed Mohammad Yusuf Shah alias Haji Yousaf, Justice H S Bedi Commission today disallowed the examination and cross-examination of Chief Minister, Omar Abdullah, Minister of State for Home, Nasir Aslam Wani, Political Advisor to Chief Minister, Devender Singh Rana and Private Secretary to Chief Minister, Asgar Hussain Khan.
Official sources told EXCELSIOR that Justice Bedi heard the arguments on the application of Mushtaq Ahmad Dar seeking cross-examination of all the witnesses in the case including the Chief Minister, Minister of State for Home and Political Advisor to the Chief Minister and the affidavit of the Government resisting the same.
After hearing in detail Advocate Mushtaq Ahmad Dar for deceased’s family, Advocate Gourav Pachnanda appearing for the Chief Minister, Minister of State for Home, Political Advisor and Private Secretary to the Chief Minister and Advocate S A Kathwari appearing for the Police, Justice Bedi found no ground to examine or cross-examine some of the witnesses mentioned in the list submitted by the counsel for the deceased’s family.
Accordingly, Justice Bedi disallowed examination as well as cross-examination of Omar Abdullah, Nasir Aslam Wani, Devender Singh Rana and Asgar Hussain Khan. With this decision of the Bedi Commission, they will not be summoned at any point of time, sources said.
They informed that Commission also disallowed for the time being the examination or cross-examination of correspondents of some news-papers or electronic channels, who interviewed Abdul Salam Reshi, with the observation, “any decision on this is based on the examination of Reshi”.
It is pertinent to mention here that Abdul Salam Reshi and Mohammad Yousaf Bhat were present at the Chief Minister’s residence when Haji Yousaf was summoned there by Omar Abdullah to ascertain whether he was taking money from the people on the pretext of getting them Ministerial berths.
However, Justice Bedi granted permission for examination as well as cross-examination of Inspector General of Police (IGP) Crime, Raja Aijaz Ali, DySP Bashir Ahmed Ganai, Dr Farida Noor, who conducted post-mortem of Haji Yousaf, SHO Crime Branch Police Station and Investigating Officer, sources informed.
The Commission granted time till May 19 to counsel of the deceased’s family to submit list of more witnesses which he wanted to examine in the case. These witnesses may include PSO of deceased and some Medical Assistants of the hospital where Haji Yousaf died following his arrest by the Crime Branch.
In response to a question, sources said, “since examination and cross-examination of witnesses allowed by the Commission is yet to begin, Justice Bedi would not be able to complete the task assigned to him within the latest time-frame sanctioned by the Government and he would have to seek further extension to complete the probe”.
It is worthwhile to mention here that Haji Yousaf was handed over to IG Crime Branch by the Chief Minister on September 29 last year after he (Haji Yousaf) allegedly admitted to having taken money from two NC workers for getting them favours from the Government.
He died a day later and the medical tests revealed that he died of cardiac arrest and that there were no external injuries on his body. After Haji Yusuf’s death, the Chief Minister ordered a judicial probe by a sitting J&K High Court Judge. However, after Chief Justice of State High Court expressed his inability to spare a sitting judge, the Government wrote to the Union Law Ministry to provide panel of three retired Supreme Court Judges.
Accordingly, the Union Law Ministry proposed the name of Justice H S Bedi, a retired Judge of the Supreme Court, and subsequently a Commission of Enquiry was appointed by the State Government in exercise of the powers conferred under Section 3 of Jammu and Kashmir Commission of Enquiry Act, 1962, to enquire into the causes and circumstances leading to the death of Syed Mohammad Yusuf Shah, son of Sayed Ghulam Ahmed of Loktipora, Bijbehara in Anantnag district.