Asks CJM to initiate contempt proceedings against SSP Srinagar if he doesn’t file an FIR
Srinagar: The high court dismissed on Thursday a petition filed by the state government that was aimed at blocking a court’s order to file an FIR against DSP Yasir Qadri accused of murdering a man at Tengpora on July 10.
“In the background of the facts, circumstances and the law, the chief judicial magistrate (Srinagar) has exercised the power well within the confines of law,” a bench of Justice Mohammad Yaqoob Mir said while dismissing the government plea, seeking quashment of the CJM’s orders on July 18 and 28, as “devoid of merit”.
“Both the orders are in conformity and in consonance with law and do not suffer from any illegality.
Same will not result in causing any injustice nor is found, in any manner, to be abuse of process of the court. Both the orders are upheld,” the court said, two days after reserving the judgment after hearing Additional Advocate General Mohammad Amin Rathore and the victim’s counsel, senior advocate Zaffar A Qureshi.
The CJM Masarat Shaheen on July 18 had directed SSP Srinagar to get the FIR registered against the police officer on an application filed by Abdul Rehman Mir, the father of the slain youth—Shabir Ahmad Mir.
On July 28, the court had reiterated the order and granted SSP Srinagar Amit Kumar 24 hours for the compliance with a warning to initiate contempt proceedings if he failed to get the FIR registered at police station Batamaloo.
“A word of caution, in the event of any default in implementing the order, chief judicial magistrate shall proceed in accordance with law and if required shall adhere to the procedure governing contempt proceedings,” the high court said.
The state’s contention was the incident involving the killing of Shabir (FIR 89/2016) was covered in the FIR registered by the police against him along with other youths for alleged an attempt to set ablaze the outpost of 73 battalion CRPF and stone pelting at Tengpora on July 10.
“The question of one occurrence and the second occurrence to say from the same part of transaction, in the stated set of circumstances at this stage, is totally unimaginable,” the court said.
Regarding first incident based on which FIR (89/2016) was registered, the court said, the date of receipt of the report by a police constable is shown as July 10 at 5:20pm “which would mean that the occurrence had come to an end.”
“The second occurrence, according to the averments in the application filed by (Abdul Rehman Mir), has taken at 6:45pm that too in (his) house. How the second occurrence could be said to be the part of first occurrence is totally bereft of any logic. Least said is better to avoid any prejudice to either of the parties,” the court said.
Referring to the incident report filed before the police station Batamaloo at 17:20, the court said, Sajad was injured during dispersal of ‘mob’ but according to the father’s application, police party headed by the DySP entered into house at 6:45 pm“means on the same date it was second occurrence.”
“The position of occurrence having taken place at 6:45 is apparently supplied by a copy of Emergency Ticket issued by SKIMS medical college Bemina and the copy of the medical certificate regarding cause of death issued by the casualty medical officer SKIMS Bemina wherein it is clearly recorded that Shabir Ahmad Mir was brought dead at 7pm and prima facie cause of death is firearm injury,” the court said.
“In the incident report, on the basis of which the FIR (89/2016) was registered, it has been mentioned that Shabir suffered injuries, then had been taken to JVC where he succumbed to injuries, which position at this stage is repelled by the medical certificate wherein he is shown to have been brought dead at 7pm,” the court added.
In his application, Abdul Rehman 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.”