The Supreme Court of India has dismissed the writ petition Balwant Singh Mankotia versus the Union of India filed by Bhim Singh seeking registration of an FIR and investigation by CBI into the death of Haji Yousuf in police custody in 2011.
The writ petition bearing number WP (Crl) No 203 of 2011 was filed through Singh in 2011 immediately after the death of Yousuf.
However, while this petition was pending before the Supreme Court, the Government of J&K headed by Chief Minister Omar Abdullah appointed a Commission of Inquiry headed by Justice H S Bedi (retired SC judge) to inquire into the custodial death of Yousuf.
When Justice Bedi Commission issued notice to CM Omar Abdullah to explain his position, he appointed Gaurav Pachnanda, senior advocate of the Supreme Court, who defended Abdullah throughout the proceedings before the Justice Bedi Commission.
After recording detailed evidence, over several months, Justice Bedi Commission's report gave a clean chit to Omar Abdullah and the J&K Police regarding allegations of any foul play in the death of Yousuf.
The SC on dismissing the writ petition seeking a CBI investigation into the death of Yousuf observed that in view of the post-mortem report dated October 11, 2011 submitted by the Government Medical College, Srinagar, which certifies that the cause of death of Yusuf was on account of myocardial infraction (cardio respiratory arrest) and the report submitted by Justice (Retd) H S Bedi, Commissioner of Inquiry, there was no need to continue to entertain this writ petition which is thus dismissed.