In violation of a Jammu-Kashmir court order, state police have refused to lodge an FIR against Deputy Superintendent of Police (DSP), in the killing of a youth in Srinagar city. The police, instead, has named the slain youth, Shabir Ahmad Mir, as an accused in the FIR.
The prosecution while defending the police official today told the court that the police has already lodged an FIR 89/2016 under sections 1479 rioting), 148 (rioting armed with deadly weapon), 307 (attempt to murder), 436 (Mischief by fire or explosive substance) and 152 RPC (Assaulting or obstructing public servant when suppressing riot) RPC, in which the deceased youth has been named as accused.
The police further told the court that the boy was leading a procession on the day he was killed. His parents, however, submitted an affidavit to the court saying he was shot dead by the DSP from point blank range inside their house.
The court, however, has rejected the police argument. In its fresh directions, the Chief Judicial Magistrate Srinagar, Masarat Shaheen, Thursday directed SSP Srinagar Amit Kumar to lodge the second FIR against accused DSP rank official Yasir Qadri and file the copy of the FIR before the court within 24 hours.
According to a court application filed by Shabir’s father Abdul Rehman Mir, a police team led by DSP Yasir Qadri barged into their home and killed him.
“When they (Mir’s family members) were watching television, a police party headed by DSP Qadri barged into the house and started smashing window panes and doors. The wife of the applicant tried to stop the said police officer, but he physically assaulted her. The son (Shabir) could not tolerate the thrashing of his mother and tried to rescue her from the clutches of the police officer. The police officer took out his pistol and fired two shots at him, resulting in his death on the spot,” the application filed by Abdul read.
Mir also claimed that the Station House Officer concerned refused to file a case into his son’s killing. The incident had triggered protests in and around Tengpora.
Chief Judicial Magistrate (CJM), Srinagar, Masarat Shaheen directed the Senior Superintendent of Police, Srinagar, to register a case and launch a probe against Qadri.
“The applicant is on affidavit and as per the facts of the application, the concerned DSP has acted beyond the powers, which reveals that there is a case of cognizable offences,” the CJM observed. “In the light of the application and the affidavit sworn by the applicant, SSP, Srinagar, is directed to lodge an FIR against the concerned official and investigate the matter.”
The court also instructed that the case must be “investigated by a senior officer not below the rank of DSP”.