High Court seeks family response to SIT report
TUFAIL MATOO KILLING CASE
D A RASHID
Srinagar, Dec 13: The High Court Thursday granted four weeks to the family of Tufail Matoo to file reply to the final report submitted by the Special Investigation Team (SIT) in the case. The SIT report has already closed the case as untraced.
Tufail Matoo, a 10th class student from Safakadal Srinagar was killed on June 11, 2010 after a police teargas shell allegedly hit him near Gandhi Memorial College here. He died on the spot.
A bench of Justice Virender Singh asked counsel for the victim family, Advocate Mian Abdul Qayoom to file reply within four weeks to the report filed by SIT after the counsel solicited time for the same.
On November 30, the SIT in the status report submitted in High Court stated that ‘all the possibility of collecting evidence’ in the case was explored to reach some conclusion but it was not able to find any conclusive evidence.
Following SIT report, SHO Nowhatta police station filed the final report in the court of Chief Judicial Magistrate Srinagar.
The SIT had filed the closure report after ‘Gun Carriage Factory Jabalpur in its opinion classified the Anti Riot Gun as Non Lethal Gun as also the use of 303 empty cartridges as non-lethal’.
In June this year the SIT had filed in the court examination report of the hair samples and swabs taken from the body of Tufail Matoo from CFSL Chandigarh. The report stated that CFSL Chandigarh had found environmental particles containing iron and indicative particles containing Titanium and Zinc in the samples while no Gun Shot Residue (GSR) particles had been detected in them.
The report had said that since no GSR particles were detected from the swabs of the wound of the deceased as per CFSL report, it was to be investigated as to what was the significance of environmental particles like iron (Fe) and indicative particles like Titanium (Ti) and Zinc (Zn).
The SIT subsequently in its report stated that Anti-Riot Gun used on June 11, 2010 was seized and sent to CFSL Chandigarh for expert Opinion whether the Gun leaves any Shot Residues on injury.
According to the report, opinion of the weapon was obtained on August 28, 2012 which revealed that the fire of anti-riot gun leaves Unique GSR particles like lead, Barium and Antimony on the target.
It said opinion also revealed that the anti-riot gun could also be lethal if fired on vital parts of the body from a close range.
In its following report submitted in High Court, the SIT said; “Since no Gun Shot Residue (GSR) was present in the swabs of the victim while as opinion of CFSL Chandigarh reveals that Anti Riot Gun Leaves Unique Gun Shot Residues on the wound, opinion was sought from Gun Carriage Factory Jabalpur regarding lethality and classification of the Anti Riot Gun.”
According to the SIT, Gun Carriage Factory Jabalpur in its opinion classified the Anti Riot Gun as Non Lethal Gun and the use of 303 empty cartridges has also been classified as non-lethal.
The court had held that the report from Central Gun Carriage Factory Jabalpur to ascertain the classification of anti-riot gun would serve no purpose.
The SIT on September 28 this year submitted a report from the Central Forensic Science Laboratory Chandigarh before the High Court indicating that “blank cartridge if fired from a weapon is capable of causing injuries and it can also be lethal if fired on vital parts of the body.”
The Court had granted three weeks time to the investigating agency to complete the probe after the SIT submitted the latest status report stating that opinion from the Central Gun Carriage Factory Jabalpur to ascertain the classification of anti-riot gun was awaited.
On September 26, 2011, the HC directed the Director General of Police to constitute a SIT headed by a police officer not below the rank of SP to investigate the case after the family filed a petition alleging slow probe by the SIT ordered by the CJM Srinagar.
Government Advocate, Shujaul Haq Tantray represented the state.
Lastupdate on : Thu, 13 Dec 2012 21:30:00 Makkah time
Lastupdate on : Thu, 13 Dec 2012 18:30:00 GMT
Lastupdate on : Fri, 14 Dec 2012 00:00:00 IST
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