Magisterial probe into Haji Yousaf death exonerates CM, Nasir, Rana

Excelsior Correspondent
SRINAGAR, Apr 30: Clearing Chief Minister, Omar Abdullah and his aides—Minister of State for Home, Nasir Aslam Wani and Political Advisor, Devender Singh Rana, of all the charges in the much publicized death of National Conference worker Syed Mohammad Yousaf alias Haji Yousaf, a magisterial probe into the incident has found that he (Yousaf) died due to cardiovascular arrest and not because of any assault by personnel in the Chief Minister’s office or by Police.
“After examining 57 witnesses and making physical examination of hospital, Crime Branch, as well as the Chief Minister’s camp office in Srinagar, I have come to the conclusion that Yousuf died due to cardiovascular arrest without any external/physical assault, force, injury or mischief upon his body or due to negligence of any authority,” Additional District Magistrate Mohammad Akbar Ganaie said in his 41-page report.
“The deceased on the morning of September 30, 2011, was even walking as he was seen by witnesses and going to the bathroom as well which shows that he was normal”, the report said, adding “the allegations leveled in the media about the deceased are not based on facts, as whatever they have stated is only out of imagination or some motivation”.
It is pertinent to mention here that media had carried stories mentioning that personnel in the Chief Minister’s camp office could have assaulted Haji Yousaf that could have led to the death of the National Conference worker. In order to bring facts before the public, the State Government had ordered a magisterial inquiry under Section 176 CrPC and Ganaie was appointed Inquiry Officer.
“The cause of Haji Yousaf’s death on September 30, 2011, at about 9:45 am in police hospital, Srinagar is a natural death due to heart attack and not an act of any other person from Chief Minister’s camp office or Crime Branch Headquarters or from Police Hospital,” Ganaie further said, adding his findings are supported by the post-mortem report and other medical reports besides oral and documentary evidences available with him.
“These conclude positively to the fact that the deceased died due to myocardial infarction (heart attack),” he said, adding “any kind of misbehaviour or torture is a distant dream as during the stay at Chief Minister’s camp office, the deceased was not alone for a single minute and during that time Omar was having various engagements with different persons from a BBC crew to heads of civil society”.
The report further said, “they would have found some foul (play) as the meeting hall (where the CM met Yousuf) is a small one and has adjoining waiting room where other persons wait for their turn to meet the Chief Minister”, adding “it is relevant that the CM was with the deceased for just 10 minutes in the presence of Muhammad Yousuf Bhat and Abdul Salam Reshi as well as Minister of State for Home, Nasir Aslam Wani in a hall when there were security personnel and private persons around whose statements were recorded, but none of them has deposed about any overt or physical assault on the body of the deceased during the time he was with Omar Abdullah”.
Describing the sequence of events based on the examination of the witnesses and evidence on record, the report said, “Yousuf, Reshi and Bhat met the Chief Minister, who asked about the transactions of money between the deceased and the other two National Conference workers”, adding “to this, Yousuf had confessed to the CM that he had received the amount from Bhat but had not been able to pay him back till date”.
“This had come perhaps as a surprise to the Chief Minister and accordingly he directed Yousuf to pay back the amount within shortest time possible or otherwise the Chief Minister will send this case to Crime Branch,” the report further said, adding “on this, Yousaf informed the Chief Minister that it was not possible for him to arrange the huge money at short notice and he needed more time”.
“At this point, the Chief Minister directed the MoS Home to have the matter verified by the Crime Branch, who in turn called on IGP Crime to inquire into the matter and take action as per law. Accordingly, IGP Crime took away not only Yousuf with him but the other two also to Crime Branch headquarters,” the report maintained.
It said the various medical tests conducted on Yousuf during his stay at the Police Hospital were normal and his stomach pain had also been treated by the doctors. “He had no complaint when he was examined (by doctors) at 8.30 pm, 12.00 pm, 2 am or 8.30 am. Cardiac arrests are common in the society and it happens instantaneously before required medical treatment can be provided…As has happened in the present case”, the report added.
Besides Chief Minister and his aides, the magisterial probe has also exonerated the police hospital authorities and Crime Branch official of any Medical negligence while Yousaf was in custody. “It can be safely said that there was no medical negligence”, the report said.