Court says it’s unfortunate that protectors of law have become violators, asks IGP to lodge FIR in 24 hrs; issues warrant against SSP Srinagar for contempt proceedings
Srinagar: A court reprimanded the police on Saturday for not filing an FIR against police officer Yasir Qadri who has been accused of murdering a man in Tengpora on July 10, saying that it was “unfortunate that protectors of law have become law violators in the state.”
“To uphold the supremacy of the court,” Chief Judicial Magistrate Srinagar Masarat Shaheen also directed the Kashmir’s inspector general of police to lodge the FIR against Qadri within 24 hours and appear personally along with the compliance report at 10 am on Monday.
The CJM also issued a non-bailable warrant through director general of police central Kashmir against the SSP Srinagar, asking him to explain why contempt proceedings shall not be initiated against him for “disobeying” its orders.
On Saturday, the CJM took up the case at 11am but due to non-presence of the SSP, deferred consideration to 1pm before eventually taking up the matter at 2:30 pm but the SSP failed to appear before the court and also failed to file the compliance report as was directed by the court wide its orders on 18 and July 28 as well as August 1.
By virtue of these orders, SSP Amit Kumar was to register the FIR against the DySP in connection with the killing of the youth, Shabir Ahmad Mir, at Tengpora here on July 10 and file compliance report not avoid contempt proceedings.
Kumar, who was released on bail after he was produced in custody by the DIG central Kashmir before the court on August 1, got the time to file the compliance report on Tuesday as the J&K high court reserved its verdict on the state government’s plea against the CJM’s orders. The highest court of the state dismissed the plea, and asked the CJM to go ahead with its orders.
“Despite the orders of this court having attained finality due to the seal of the high court…. neither FIR has been lodged nor (its) copy furnished to this court. It is very unfortunate that the protectors of law have themselves become law violators and have wilfully disobeyed the orders of the court,” the CJM said.
Chief prosecuting officer also informed the court that state has chosen to file a special leave petition before Supreme Court of India against the high court’s August 4 orders upholding the CJM’s orders.
He urged the court to kindly adjourn the matter and listed it after 15 days for filing the compliance report.
“The statement of fact was to be filed by SSP Srinagar personally but on the other hand has been filed by the CPO. It is very unfortunate that the CPO has no knowledge of law because he has no locus standi to file statement of facts on behalf of the SSP Srinagar who is the contemnor.”
The CJM said that SSP “in toto disobeyed” the orders on lodging the FIR as well as remaining present before the court.
“As SSP was asked to remain present which he has not opted, hence issuance of non-bailable warrant against the SSP Srinagar through DIG central to show cause as to why contempt proceedings shall not be initiated against him so that reference can be sent to high court for initiation of contempt proceedings under contempt of the court act,” the CJM said.
The court also deemed it fit to direct the IGP Kashmir to lodge the FIR against the DySP within 24 hours.
“The IGP Srinagar is also directed to cause his personal appearance before the court at 10am on August 8 along with the compliance report,” the CJM added.
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 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.”