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| Supreme Court to hear Haji Yousuf case after the summer vacation | | New Delhi, April 25 (Scoop News)- A Division Bench of the Supreme Court of India comprising JJ Jagdish Singh Kehar & Justice S.A. Bobde allowed after hearing Prof.Bhim Singh, Sr. Advocate and Solicitor-General, Ranjit Kumar, an impleadment petition by Talib Hussain, son of Late Haji Yousuf (who died in custody in Srinagar on 29th September, 2011) allowed Talib Hussain to be a co-petitioner in the petition which was filed by MLA, Shri Balwant Singh Mankotia seeking investigation by CBI. Haji Yousuf was allegedly killed in custody in a Police Station, Srinagar after he was taken to custody by the orders of the then Chief Minister, Omar Abdullah from his official residence.
Talib Hussain has filed a petition to be impleaded as co-petitioner before the Supreme Court seeking to file FIR under Section 302 for murder of his father in the police custody. The case has been pending before the Supreme Court till October, 2011 and the impleadment application was filed by Talib Hussain in last year.
Ranjit Kumar appearing for J&K Govt. vehemently opposed the petition of Talib Hussain to be impleaded. Prof.Bhim Singh made submission before the Court that the deceased died in custody which is not disputed. He said that he was arrested on the orders of Omar Adbullah, the then Chief Minister of J&K from the House of Chief Minister. This is not disputed. Prof.Bhim Singh submitted that Yousuf Haji was taken to the room of the Chief Minister and when he came out he was semi-conscious. This was not also disputed, that he died in police custody. Prof.Bhim Singh informed the court that the rules laid down in D.K. Basu’s case were violated which was the findings of Justice Bedi’s report also.
Prof.Bhim Singh submitted that as long as FIR is not filed and investigation is not handed over to some independent agency like CBI, justice can not be done. The Supreme Court ordered that son should be allowed to be a petitioner. The case will be heard after the summer vacation.
Prof.Bhim Singh was assisted by D.K. Garg (AOR), B.S. Billowria, Mrs. Ritu Puri, Advocates.
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