Srinagar: The judicial magistrate Shopian directed the police on Monday to register First Information Report (FIR) against Deputy Commissioner Shopian Aijaz Ahmad Mir for allegedly thrashing a local activist.
Sajad Ahmad Dar Noorabadi, a local political activist had alleged that on October 30 when he was travelling from Srinagar to Shopian in his personal vehicle, the deputy commissioner Shopian “wrongfully stopped” him and “thrashed” him besides taking away “five ATM cards, PAN card and an identity card”.
In an application before the court, Dar had alleged that the top official of the district “assaulted” him and “gave life threats”.
Dar had alleged that after the incident he went to the office of SHO Shopian and SSP of the district but the officials did not lodge FIR against the DC.
The activist had alleged that the deputy commissioner was not able to overtake his vehicle due to traffic jam that is what “pained” him.
The court cited in its order that the allegations leveled against the non applicant cannot be said to have been committed by the non applicant in discharge of his official duties and no sanction would be required under law.
“The protection under section 197 of CrPC is to protect responsible public servants against possible vexatious criminal proceedings for the offences alleged to have been committed by them while acting or purporting to act in discharge of their official duties but cannot be shield and panacea (sic),” the court ruled.
The court father stated that, “the alleged act apparently had nothing to do with official duty…”
Court also stated that the SHO police station Shopian “was duty bound to register the case and investigate the matter, which he has done not on the receipt of the information from the applicant”.
“The SHO has to register the case followed by investigation of the matter which shall include collection of evidence and submission of report before the court at the conclusion of the investigation.”
The court further stated that “as the contents of the application prima facie disclose commission of cognizable offences as such in the terms of section 156 (3) of CrPC,” the SHO police station Shopian is “directed to register FIR in the matter and investigate the matter himself”.
Noorabadi described the court direction as victory of justice.
“These sorts of decisions hold powerful people accountable and challenge the VIP culture that is prevailing in our state,” he said adding that “I am hopeful that impartial investigation will be held in the matter and justice is delivered.”