SC seeks report from J&K on killing of youth

“We don’t know who is right and who is wrong… we don’t know whether the first story is correct or the second story is… but we do know that a youth is dead… a life is lost,” the bench observed as Attorney General Mukul Rohatgi, who appeared for the J&K government, said there were two versions of the incident.

According to the father of Shabir Ahmad Mir, DSP Yasir Wadri, along with a police team, entered their house on July 10 and assaulted Shabir’s mother. When the 26-year-old intervened, the DSP allegedly shot Shabir twice. But the police claimed no such incident had taken place, and that Shabir was injured in a July 10 protest against Wani’s killing by security forces two days ago. Police said Shabir was leading the protest and had fled after they took action to disperse the mob.

On Monday, state government counsel Sunil Fernandes had convinced the Chief Justice of India to allow an urgent hearing in view of orders being passed by a judicial magistrate in Srinagar. Apart from ordering an FIR against the DSP, the magistrate had initiated contempt proceedings against the IG, SSP and other police officers for not registering the FIR.

The AG told the bench that registering the FIR under the murder charge would result in arresting the DSP and suspending him. “The magistrate, without hearing the police department or any of the officers named in the complaint, ordered registration of FIR. If such a procedure is allowed, then every police officer will have an FIR against him and he would have to be arrested,” Rohatgi said.

He said there was already an FIR registered regarding the protest and a thorough investigation into that FIR would show whether there was credible evidence against the DSP for allegedly killing Shabir.

Watch Video: What’s making news

At this, the bench remarked: “Even police officers need to act with humanity… they must act with love and passion.”

The bench, as an interim measure, accepted the AG’s submission and called for a report of investigation into the FIR already lodged. It also stayed the contempt proceedings.