Tengpora youth’s killing: SC allows exhumation for autopsy, district & sessions judge to supervise

 New Delhi: The Supreme Court of India on Friday allowed state authorities to conduct post-mortem on the body of Shabir Ahmad Mir, a 26-year-old Tengpora resident who was killed inside his home, allegedly by DySP Yasir Qadri. The Supreme Court has ordered the principal district and sessions judge of Srinagar to supervise the exhumation.
In his petition to the Supreme Court, Abdul Rehman Mir said that his son Shabir Ahmad Mir was killed by DySP Yasir Qadri along with his police team at Mir’s home in Tengpora. The police have claimed that Mir died during protests in the locality on July 10.
Attorney General Mukul Rohatgi assured the apex court that the probe would have the highest level of transparency and that the authorities would leave no stone unturned to get to the truth of the case.
“We allow the State Authorities to conduct the Post Mortem on the deceased after exhuming the dead body, under the supervision of the learned Principal District and Sessions Judge, Srinagar. We direct the State Authorities to proceed in the matter in accordance with the provisions of law and to submit the Post Mortem Report, in a sealed cover, on or before 5th September, 2016,” a division bench comprising justices P C Ghose and Amitava Roy said.
The bench observed that the PD&SJ would be at liberty to have the assistance of officers of his choice for the impartial exercise of carrying out the exhumation and the autopsy.
The bench observed that this was a serious matter and such a situation should be handled with humane approach and extreme sensitivity.
The court passed the order after perusing the report submitted by the state police on the circumstances leading to the killing of 26-year-old Shabir Ahmad Mir, a school dropout who was working as a mason to help his family.
The report, which was filed in a sealed cover, also contained the order of the District Magistrate who had directed exhumation and autopsy of Mir’s body.
The Attorney General requested the bench that the matter be taken up after the postmortem report comes, and also that the father of the victim should join the investigation.
Senior advocate Kapil Sibal along with advocates Kamini Jaiswal, Romesh K Mishra, Govind Ji and Syed Musaib, appearing for the victim’s father, argued that the detailed FIR was lodged within 20 minutes of the incident, which is an unlikely thing to happen.
Sibal said that the autopsy will determine whether the victim was killed as a result of pellet firing or bullet shot.
The Attorney General said that the state government was ready for imposition of any conditions for carrying out the exhumation and the autopsy, as it was not treating the case as an adversarial matter. There will be fair and impartial enquiry into the incident as Sibal has sought, the AG said. Sibal said that transparency and fairness in the probe would send the right message.
The bench had earlier stayed contempt proceedings initiated against Srinagar Senior Superintendent of Police and Inspector General of Police Kashmir Range for not lodging an FIR against DySP Yasir Qadri and other members of his team allegedly involved in Mir’s killing.
The bench had also issued notice to Mir’s father on the plea of the PDP-BJP government.
(with PTI inputs)

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