This Article is From Apr 30, 2012

Clean chit for Omar Abdullah in custodial death case

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Srinagar: In a major relief to Jammu and Kashmir Chief Minister Omar Abdullah, a magisterial probe looking into the death of National Conference worker Haji Syed Yousuf has exonerated Mr Abdullah and his aides from any wrongdoing.

"(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.

"Thus the allegations levelled in the media about the deceased are not based on facts, as whatever they have stated is only out of imagination or some motivation," the report said apparently referring to criticism at the time of the incident that had pointed fingers at the Chief Minister.

Yousuf, an alleged political fixer, had died in Crime Branch custody on September 30 last year. He was handed over to the Crime Branch by the Chief Minister at his official residence following allegations of political corruption.

The Opposition had accused the Mr Abdullah and his aides for the death.

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In his probe report, the Additional District Magistrate Akbar Ganaie has said that there was no physical assault on injury on Yousuf's body and the death was caused due to cardiovascular arrest.

"...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," Mr Ganaie said in his 41-page report.

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The report of the magisterial probe has come as a major relief for Omar and his aides, days after a judicial commission headed by retired Supreme Court judge Justice HS Bedi rejected a plea to cross-examine them. The Bedi commission was appointed by the state government to probe into Yousuf's death.

The state government had ordered a magisterial inquiry into Yousuf's death on September 30, last year under Section 176 of CrPC and Ganaie was appointed the inquiry officer. Ganaie said he submitted the report on February two, this year but refused to discuss the contents.

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Mr Ganaie said his findings were supported by the post-mortem report and other medical reports besides oral and documentary evidences available with him.

The report states that 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".

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The Supreme Court had in last year October issued notice to Centre and the state government on the issue. The court issued the notice on plea seeking CBI probe into Yusuf's death.

The death of Yousuf had sparked a major political row as another National Conference worker Abdul Salam Reshi had alleged the deceased had taken Rs 34 lakh from him and Rs 84 lakh from another party worker Mohammad Yousuf Bhat for getting them berths in the state Legislative Council.

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