Excelsior Correspondent
SRINAGAR, Aug 2: High Court today reserved its judgment in a petition filed by the State (Police) challenging the order of trial court whereby Senior Superintendent of Police (SSP) Srinagar was directed to lodge FIR against a police officer for alleged involvement in the killing of a youth.
Justice Mohammad Yaqoob Mir today, after hearing Additional Advocate General Mohammad Amin Rathore and Z A Qureshi, senior lawyer, representing the victim family, reserved the judgment.
The State is seeking stay of trial court orders (dated 18.7.2016 and 28.7.2016 passed by the Chief Judicial Magistrate Srinagar) wherein SSP Srinagar was directed to lodge FIR against the Deputy Superintendent of Police Yasir Qadri in alleged involvement of killing of youth in Batamaloo area of Srinagar last month.
The State has taken the plea that an FIR (regarding stone pelting incident) stands registered and 2nd FIR cannot be registered for the same occurrence.
“In the present case, FIR (No 89/2016) has been lodged of a stone pelting incident and same is under investigation which is being conducted on war footing. In addition to it, the district Magistrate, Srinagar is also conducting an enquiry of the same incident about the circumstances in which death of one person has taken place,” Rathore said, contending that there is no scope under law for a direction to lodge 2nd FIR as directed by the Chief Judicial Magistrate Srinagar.
“The direction by (CJM) also runs contrary to the verdict of the Apex Court in which, it has been held that the Magistrate while passing direction under 156 (3) of CrPC has to disclose reasons upon which (it) was satisfied to pass the direction,” Rathore said, contending the CJMs order does not disclose any reason.
“The directions are unsound also for the reason that the CJM has no power to pass any direction under 156 (3) against (SSP) as the Section empowers Magistrate to issue direction in the name of SHO of police station and not against Superintendent of Police”, Rathore told the Court.
Advocate Qureshi contested the State claims, asserting that directions by the CJM was for separate incident.
Father of Shabir Ahmad, the youth who was killed in police firing at Tengpora Batamaloo, in is application has submitted that the DySP took law in his own hands and killed his son in cold blood without any reason and rhyme. He has submitted that he filed an application with the SHO Batamaloo who refused to lodge an FIR against the said DySP.
And in the meantime, Chief Judicial Magistrate Srinagar, Masarat Shaheen, today deferred the hearing of the case till August 6 as the counsel representing the victim family told the court that the matter is being heard by the High Court. The SSP Srinagar was present in the court under the directions of CJM.
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