Only the Supreme Court and High Courts have the power to issue directions in matters such as Central Bureau of Investigation probe, an anti-corruption court here observed while rejecting a plea of the son of National Conference worker Syed Mohammad Yousuf, who died in police custody on September 29.
Syed Talib wanted the court to give a direction for a CBI probe into the death of his father and register cases against Chief Minister Omar Abdullah, Union Minister Farooq Abdullah and Minister of State for Home Nasir Aslam Wani.
The court order came a day after the Supreme Court issued notice to the Central and State governments after admitting a similar petition filed by National Panthers Party leader Balwant Singh Mankotia, who noted that it was not only case of custodial death but political corruption at the highest level.
“It is only the constitutional courts, which is the Supreme Court and High Courts, having extraordinary powers and jurisdiction under Article 32 and 226 of the Constitution can give a direction to the CBI to investigate a cognisable offence in suitable cases,” Special Judge Mohammad Yousuf Akhoon said.
No directive to police
The court also declined to issue directions to the police or any other agency, saying: “There is no occasion at the present stage for this court to make any direction upon the local police agency/agencies also for registration of a fresh case in the matter. The application is accordingly dismissed.”
Mohammad Yousuf died allegedly after being summoned to the Chief Minister's residence on September 29. Though the final autopsy report ruled out his death by injury or poisoning, Yousuf's family members alleged that he was killed in custody. “The deceased was taken into custody by the respondents and killed, for which he [the petitioners] absolutely relies on certain photographs and CCTV footage shown by many Delhi-based television channels,” the petition filed by Talib's counsel Mushtaq A Dar says.
The Chief Minister had approached the High Court for sparing a sitting judge to conduct a judicial inquiry. However, the plea was rejected.
