Excelsior Correspondent
Srinagar, Aug 12: After police gave clean chit to former Chief Minister, Omar Abdullah, for his alleged involvement in the killings of about 120 youths in 2010 unrest, a local court dismissed a complaint filed against him.
CJM Srinagar Masarat Shaheen today dismissed the complaint against former Chief Minister and former SSP Srinagar, Ashiq Bukhari, alleging therein that the duo were responsible for the killings of about 120 youths in 2010 unrest.
The CJM held that there is no sufficient ground to proceed in the complaint under section 203 of Criminal Procedure Code, after considering the statements of complainant and his witness.
“After considering the statements of complainant and his witness before the court, the complaint, the enquiry which has been conducted under Section 202 CrPc there is no sufficient ground for proceedings in my judgment as such this court has no option but to dismiss the present so-called complaint under Section 203 CrPC. Hence the complaint is dismissed and after due compilation be consigned to records”, court of CJM said.
Court had directed the SSP Srinagar to verify whether the allegation made in the complaint are true or not and after filing the report court says the enquiry report nowhere reveals that the accused persons have committed murder of any person or have conspired for the murder of any person in the year 2010 and there is no commission of cognizable or non-cognizable offence by the accused persons.
“I have gone through the enquiry report and the complaint which unfortunately has been filed under Section 156 of CrPC and also the statement of the complaint and his witness, whose statement has been recorded at the time of taking cognizance. The statement which has been recorded by the enquiry officer and the documents which have been placed on record by the enquiry officers reveals that there is no commission of cognizable or non-cognizable offence by the accused person”, court order reads.
The complainant in his complaint has based the whole complaint on a statement to public at large through print media. Even as per the para -5 of the complaint, the complainant has stated that the accused persons have leveled allegations against each other for killing of youth but there is no evidence which could have revealed that accused persons have caused the death of the persons who have been killed in the year 2010.
“Even the legal heirs of the deceased persons have not lodged FIR against the accused persons which all reveals that complainant has made the complaint on the basis of ‘hearsay’ evidence and also bases his complaint on assumptions & presumptions”, court said.
Enquiry of SSP Srinagar reveals that the statement of a journalist namely Ahmad Ali Fayaz has been record and summons issued to the complainant and his counsel so that their statements could have been recorded and the enquiry could have been concluded but despite repeated summons and communications the complainant and his counsel have not deposed their statements.
“It was on series of summons and requests that the complainant along with his counsel M.S.Reshi Advocate has appeared before the Enquiry Officer on 5.5.2015 at 5 pm and has requested that he was not in a position to depose his statement and sought further time for recording his statement. Upon this enquiry officer has requested the Court through CPO vide communication No. LGL/Court-Enq./FC/15/1750 dt. 5.5.2015 that complainant appeared before the enquiry officer along with his counsel and requested to defer the recording of the statement and thus a prayer was made to the Court for granting further time for completion of the enquiry”, court says in the dismissal order of complaint.
The Court has extended the time which is also reflected from the interim order dated May 6, 2010 and thereafter the complainant was again intimated through several communications which are also placed on record by the enquiry officer but despite that the complainant has not deposed his statement so that the enquiry could have been concluded. The enquiry officer SSP Srinagar has also enquired the matter and has placed on record the transfer order which reveals that accused No.2 (Ashiq Hussain Bukhari) former SSP has been transferred to Srinagar District as SSP Srinagar vide Govt. Order No. Home/734(P) of 2010 dated 20.6.2010.
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