Payoff case: Anti-corruption court reserves orders till Nov 1

Judge M Y Akhoon,after hearing the arguments of the counsel for the applicant,reserved the orders till Tuesday.

After the alleged custodial death of Yousuf,which sparked a major political row in the state,Reshi had alleged that Yousuf had taken Rs 34 lakh from him and Rs 84 lakh from another NC worker Mohammad Yousuf Bhat for getting them berths in the state legislative council.

Yesterday,Dar had argued that since Abdullah’s name had figured in Reshi’s statement,the CBI can investigate the case without seeking consent of the state government or sanction for prosecution from the Centre.

Abdullah has rejected allegations of “political payoffs”.

“The question of sanction will come at the prosecution stage. At this time we are seeking only directions for investigation,” Dar said,adding that there was no question of seeking consent from the state government as Abdullah is a public servant at Centre.

However,Dar today pleaded that if the court did not agree with the plea for a CBI probe,the same could be done by the State Vigilance Organisation or the police station concerned.

“My plea is that a case should be registered and there should be speedy investigations. Any delay can lead to tampering of the evidence or influencing the witnesses in the case,” he said.

Abdullah has denied that he or his party were involved in graft and asked the people to await the outcome of the judicial probe into the custodial death.

About allegations levelled by Reshi,he said,”Anyone can mention anybody’s name. You cannot stop anyone. This is a democratic country,not an autocratic country.”

“Farooq Abdullah has nothing to do with it. Whatever has to come will come in the judicial inquiry. We have nothing to hide. What else you want me to say….? The truth will come out,” the NC President said.

Dar yesterday submitted a copy of the application given to the Station House Officer of Batmaloo police station here for registering a case,but claimed that no action had been taken on it.

He said the petitioner had no faith in the state probe agencies as they are directly under the influence of Chief Minister Omar Abdullah and Minister of State for Home Nasir Aslam Wani,whose names have also figured in the case.

During the course of arguments,Justice Akhoon pointed to various sections of Delhi Special Police Establishment Act which necessitate a notification by the Centre on the offence committed,extension of the notification to a particular state and the consent of the state government for conducting a CBI probe.

The judge noted that under the federal system,the powers of the states cannot be encroached upon by the Centre.