Urges HC to take action under contempt of court against IGP, SSP; Govt moves SC
Srinagar: Delay in filing an FIR can destroy the evidence, chief judicial magistrate Srinagar cautioned on Monday, while urging the J&K high court to take action under contempt of courts act against Kashmir’s Inspector General of Police Syed Javaid Mujtiba Geelani and SSP Srinagar Amit Kumar for not filing the FIR against DySP Yasir Qadri who has been accused of murdering a man in Tengpora on July 10.
“The matter relates to the commission of heinous cognizable offence in which time can destroy the evidence in case the FIR is not lodged at an earliest. It is also settled law that FIR has to be lodged as early as possible so that evidence cannot be destroyed and the evidence on the scene of occurrence does not get blemished,” the CJM, Masarat Shaheen, said as even IGP Kashmir stuck to earlier position despite the high court’s on August 4.
On Saturday, three days after the high court upheld its order, the CJM directed the IGP to lodge the FIR against the DySP within 24 hours.
“As SSP Srinagar Amit Kumar and IGP Kashmir Syed Javaid Mujtiba Geelani have disobeyed the court orders dated 18 and July 28 and August 6 willfully as such needs to be dealt under the Contempt of Courts Act,” the CJM said and made the reference to the High Court with the request for taking action under Contempt of Courts Act against the contemnors, the IGP and the SSP, “in order to uphold the majesty of law and to get the orders of the Court implemented.”
“Although a person is having a right to assail the order before the High Court or Supreme Court of India but it does not mean that a person is having a blank cheque to flout the orders of the Court,” the CJM said.
The IGP and the SSP appeared in person before the court and were directed to furnish bail and personal bonds for an amount of Rs 1 lakh each with one surety. They furnished the bonds as well as the sureties which were accepted by the court with the direction to appear before the High Court on August 9 (Tuesday) at 10am for facing contempt proceedings.
The court was hearing an application filed by Abdul Rehman Mir, father of the slain youth, who stated that 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 accused officer 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 invective,” 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.”
Meanwhile, the Supreme Court of India directed its registry to list before an appropriate bench a special leave petition filed by the ruling PDP-BJP government against the high court orders.
“List this matter tomorrow on Tuesday, 9th August, 2016 before an appropriate Bench,” said a division bench of the comprising Chief Justice T S Thakur and justices A.M. Khanwilkar D.Y. Chandrachud.