Jammu,December 22(Scoop News)-The Law Secretary G.H. Tantray received the 96 page report of Justice H.S Bedi, Commission of inquiry, inquiring into the circumstances leading to the death of Syed Mohammad Yousuf, here today.
The Department of Law, Justice and Parliamentary Affairs, J&K released the abstract of the findings of the report to the Press late this afternoon.
The abstract of the report of Justice H.S Bedi, Commission of inquiry as released by the Department of Law, Justice and Parliamentary Affairs, J&K is as the Justice H.S Bedi, Commission of Inquiry was appointed by the Government vide Notification SRO 340 dated 18th November, 2011 and the term of the Commission was extended from time to time upto 28th December, 2012. The Commission held its hearings on 22 days. 17 persons have filed affidavits before the Commission. In addition 11 persons have filed additional affidavits. The Commission has recorded statement of 21 persons and perused various documents etc. The Commission has submitted its report today on 22nd December, 2012. The salient features and important findings of Report of the Commission are as under:-
The finding at para (41) of the report reads as “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.”
With regard to the factum of arrest of the deceased, the Commission has observed/held as “I am, therefore, of the opinion that the deceased had been in fact arrested on the 29th September 2011 from the “CM’s CO” by the IGP Raja Ajaz Ali and in any event after the registration of FIR No. 17/2011 at 10.00 p.m.”
The Commission has also observed as “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 Commission has, while referring to the judgment of the Apex Court in D.K Basu’s case, made the following observations/findings that “the DSP has, however, admitted in his evidence that he had not himself conveyed the information about the arrest and detention of the deceased to his associates/relatives but had passed on this duty to Munshi Nazir Ahmad.”
“DSP, Bashir Ahmad Ganai and Munshi, Nazir Ahmad who appeared as OW2 and OW10 respectively, are, therefore, held liable of having failed to discharge their duty as per law.”