Srinagar: The J&K High Court on Tuesday reserved verdict on the state government’s petition to quash the chief judicial magistrate’s orders to the SSP Srinagar to file an FIR against DySP Yasir Qadri for the murder of a 26-year-old youth at Tengpora on July 10.
A single bench of Justice Mohammad Yaqoob Mir is likely to announce on Wednesday the verdict, reserved after hearing state’s additional advocate-general Mohammad Amin Rathore and the victim’s counsel Zaffar Qureshi.
In his arguments, Qureshi said that what the police FIR states as the use of force against protesters (FIR 89/2016, police station Batamaloo) referred to a different incident than that of the killing of Shabir Ahmad Mir, of which DySP Yasir Qadri has been accused.
“The cause of death is different. The boy took cudgels with the officer only when his mother was beaten and abused by the accused official,” Zaffar Qureshi submitted.
In their FIR the police have said that a “violent mob” tried to set ablaze the outpost of 73 battalion CRPF and hurled stones on paramilitary and police personnel deployed at main Chowk Tengpora on July 10.
“It was known that during dispersal of the mob, one miscreant Shabir Ahmad Mir, son of Abdul Rehman Mir, sustained injury and was taken to hospital for treatment by his other co-pelters,” the police FIR said.
The police said that “During investigation it was known that the injured (Mir) succumbed to injuries at JVC (Bemina).”
The state government’s additional advocate-general Mohammad Amin Rathore contended that, “In the present case, FIR has been lodged of a stone pelting incident and same is under investigation. In addition to it, District Magistrate Srinagar is also conducting an enquiry of the same incident.” He said that there was no scope under law for a direction to lodge a second FIR as directed by the chief judicial magistrate.
“The direction by the CJM also runs contrary to the verdict of the apex court in which it has been held that the magistrate while passing direction under 156 (3) of CrPC has to disclose reasons upon which it was satisfied to pass the direction,” he said, contending that the CJM’s order does not disclose any reason.
“The directions are unsound also for the reason that the CJM has no power to pass any direction under 156 (3) against the SSP as the section empowers the magistrate only to issue direction in the name of SHO of police station and not against the superintendent of police,” Rathore argued.
Meanwhile, chief judicial magistrate Masarat Shaheen deferred further consideration of the application on the basis of which he ordered FIR against DySP Yasir Qadri. The application was filed by the killed youth’s father Abdul Rehman Mir. The CJM told him to wait for the high court’s verdict.
The SSP Srinagar, who was released on bail after produced in custody by the DIG central Kashmir on Monday, was present before the court in compliance with its orders.
In his application, Mir said that he was forced to knock on the court’s door after the Batmaloo SHO refused to register an FIR against the Deputy SP.
He said that on July 10, at about 6:35pm, he along with family members was watching TV when a police party headed by the DySP barged into his house and started smashing window panes and doors.
“(My) wife tried to stop the police official but (he) got infuriated and physically assaulted (her) and hurled invectives,” he said.
Seeing all this, Mir said, his son—Shabir Ahmad—could not bear it and tried to save her mother from the clutches of the official and other police personnel.
“On this the police official went into rage and started beating (my) son and thereafter opened fire. My son died on the spot,” he said. Mir has charged the DySP of taking law into his hands and exceeded his powers to kill to his son in a “cold blooded murder.”