Court allows police revision petition
Islamabad (Ananatnag), Apr 21: The District and Session Court here in south Kashmir has preferred the revision petition filed by Police against the orders passed by the Chief Judicial Magistrate (CJM) asking it to file separate case into the killing of two youth in Khanabal area during last year’s summer unrest.
The CJM, Islamabad had passed an order in November last year asking police to register a separate FIR into the killing of two youth- Bilal Ahmad Najar and Noor-ul-Amin Dagga in police firing at Khanabal and also form a Special Investigating Team (SIT) to probe into the incident, following the application filed by the families of the victims.
The police however maintained that the two youth were killed in forces firing near Delhi Darbar restaurant outside General Bus Stand when they tried to damage public property. It also claimed that the criminal case already stands registered into the incident and went for a revision petition.
After hearing the revision petition filed by the state through Additional Public Prosecutor, the court observed that the investigation of the case falls within the domain of executive and, therefore, the court cannot interfere in the functioning of the investigating agency.
“The impugned order passed by the court of Chief Judicial Magistrate, Islamabad (Anantnag), directing the SSP, Islamabad to register a case and investigate the matter with the direction to constitute a team which shall be headed by DySP for purpose of investigation has been compiled with in toto,” reads the order.
It further says that the SSP, Islamabad (Anantnag) has submitted his compliance report and stated that the case has already been registered vide FIR.no. 355/2010 U/S 148, 149,336,427,307,188 RPC and ¾ Public Property and Damages Act and the investigation of the case has been handed over to DSP which means that the order passed by the CJM, Islamabad (Anantnag) has been compiled with, therefore needs no intervention.
“The impugned order cannot stand in the eye of the law and same is set aside. Record be sent back to the court and revision file be consigned to records,” the order added.
Earlier, counsel for the appellant had argued that the CJM, has fallen in error by turning down the request that the police had already lodged FIR.No. 355/2010 under section 148,149,336,427,307,188 RPC and 3,4 Property and Damages Act 195 and once the police has registered a case the second FIR cannot be lodged.
The Additional Public Prosecutor (APP) also argued that the exgratia relief is being paid by the government on the basis of the FIR lodged and the applicant has received the said exgratia relief on the basis of that FIR only.
He further submitted that the case is already covered under FIR no. 355/2010 and the activities of the applicant can be construed as politically motivated.
The two youth, Noorul-Amin Dagga 28 of Naibasti, Islamabad and Bilal Ahmad Najar, 28 of Khanabal, Islamabad were killed when the force allegedly fired upon a funeral procession of a college student Maroof Ahmad Nath alias Rajoo of Nath Pora on September18 last year.
Lastupdate on : Thu, 21 Apr 2011 21:30:00 Makkah time
Lastupdate on : Thu, 21 Apr 2011 18:30:00 GMT
Lastupdate on : Fri, 22 Apr 2011 00:00:00 IST
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