Hurriyat (M) petitions SHRC, seeks arrest of accused cops

Srinagar: Hurriyat Conference headed by Mirwaiz Umar Farooq on Monday filed a petition in State Human Rights Commission, seeking registration of an FIR and arrest of IRP personnel who allegedly   killed 18-year-old youth on Friday last in north Kashmir’s Bandipora district.
The teenager, Farhat Ahmad Dar son of Ghulam Mohammad Dar of Shahgund, Sonawari, was fired two bullets on the left side of his chest by the IRP personnel from 18th battalion, leading to his death, reads the petition, filed on behalf of amalgam’s legal cell in-charge Abdul Manan Bukhari through advocate Ajiaz Ahmad Dar.
The petitioner seeks direction by the Commission to Commandant India Reserve Police to dismiss its personnel from their services forthwith who are involved in the Dar’s killing.
Directions by the Commission has been sought to Deputy Inspector General of Police North Kashmir for asking SHO Police Station Hajin, Bandipora to arrest the IRP personnel involved in the Commission of an offence punishable under section 302 RPC (murder) after registration of an FIR in the ‘brutal’ killing.
The petitioner has also prayed that an order be passed, directing Deputy Commissioner Bandipora, Kashmir to show cause as to why the Commission shall not proceed against him for the “lapses and great error committed”, by not keeping an eye on the unfortunate incident, “as there has been no requisition for dispersing unlawful assembly (if any) by any 1st Class Executive Magistrate.”
Lastly, the petitioner has sought directions against the SHO for “his inaction and inability for not communicating in anticipation the apprehension of law and order problem (if any) to the concerned executive magistrate as required under law.”
“The life of Farhat Ahmad Dar has been taken away by the IRP Personnel without adhering due course of law, as such, he has been deprived of his life in sheer violation of Articles 21 of the constitution of India, for which omissions & commissions the accused are required to be dealt with seriously, strictly in accordance with the law of land.”
The petitioner said that it is well settled that every act of the public servants is not protected under law, particularly those which constitute the offence(s) as in the killing of Farhat.
“The men in uniform must know one of the legal maxims that is ‘ignorance of fact is excusable but ignorance of law is not excusable.’ As such it’s crystal clear that these men in uniform killed innocent civilian, on the other hand they can’t claim that they were not aware of the consequences of their omissions and commissions,” the petitioner said, adding, “Hence they deserve to be punished according to law irrespective of their status, position etc, so that it would become an epitome in deciding the said petition by this commission.”

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