Court orders police to register fresh FIR
Islamabad, (Anantnag) Nov 19: The Chief Judicial Magistrate (CJM) Islamabad (Anantnag) on Thursday asked the Senior Superintendent of Police (SSP) to register a separate case into the killing of two youth allegedly in police action at Khanbal here in south Kashmir on September 18 this year.
The order passed by the CJM Islamabad reads: “There does not appear much weight to the contentions of the police agency and prosecution that the occurrence and happening leading to the death of two youth, Noor-ul- Amin Dagga and Bilal Ahmad Najar is covered by a case already registered under FIR.No 355/2010 under sections 148,149,336,427,307,188 RPC and under 3-4 Public Property (Prevention of Damages) Act 1985 of Police station, Islamabad. Accordingly, the contention is turned down and the SSP, Islamabad and SHO, Police station, Islamabad directed to register a case regarding the said occurrence resulting into the death of two youth near Ahlihadith mosque, Khanbal on September, 18, leaving the question of constituting, Special Investigating Team (SIT) to probe the case to SSP in terms of the earlier order passed on October 26.”
The order was passed following a complaint filed by the family members of the deceased youth through Bar Association Islamabad alleging that police in a bid to hush up the killings, filed a fake FIR report against the youth and accused them of attacking the house of a political activist at General Bus Stand, Islamabad.
Earlier, following the directions of the court police had submitted its report into the killing of two youth before the Chief Judicial Magistrate (CJM), Islamabad district court. It had submitted that an FIR into the killing of two youth already stands registered and further, the level of investigation of the case has been raised in compliance with the directions of court and a team constituted to probe into the incident.
However, the Bar Association Islamabad was not satisfied with the police report and had demanded that the fresh FIR be lodged into the incident. Later, the matter came up for hearing before the CJM.
The prosecution in its argument had held that the two youth were killed in the forces firing near Delhi Darbar Restaurant outside the entry point of the General Bus stand after they tried to damage the public property and also tried to set ablaze a petrol pump there.
It had further said that the protesters resorted to stone pelting on the paramilitary CRPF men who in turn were forced to open fire in self-defense. It had also stated that an FIR already stands registered into the incident.
Arguing the case on behalf of the complainant, president of Bar Association Islamabad advocate Fayaz Ahmad Saudagar and his associate counsels, however had contested the police claim that the two youth were killed near Delhi Darbar Restaurant and instead maintained that the duo was killed near Ahlidatith mosque in Khanabal a Kilometers distance away from the restaurant without any provocation.
The counsels for the complainants had further argued that the two youth were not part of the protests and were about to join the funeral procession of Maroof Nath alias Rajoo whose body was recovered early in the morning from Jehlum to offer Nimazih- Jinazah in a public park at Khanabal. The counsels for complainants had pleaded that a separate FIR should be registered into the firing incident at Khanabal .
It had further said that the police has not complied with the court directions under section 156 ( (clause3 ) CRPC, to register a separate FIR into the killing of two youth.
Lastupdate on : Fri, 19 Nov 2010 21:30:00 Makkah time
Lastupdate on : Fri, 19 Nov 2010 18:30:00 GMT
Lastupdate on : Sat, 20 Nov 2010 00:00:00 IST
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