Court directs registration of FIR, investigation by SIT in 2010 'custodial' death case

Court directs registration of FIR, investigation by SIT in 2010 'custodial' death case

Asks Div Com to enquire why magistrate delayed proceedings

A local court here directed police station Soura to register an FIR in the alleged custodial killing of a class 11 student, Umar Qayoom in 2010.

The victim family has been pleading for the registration of FIR from 2011.

After hearing advocate Babar Qadri who represents the victim family, and the prosecution, chief judicial magistrate Srinagar Ajaz Ahmad Khan directed the police station Soura to register the FIR and constitute an SIT to probe the killing. “Senior superintendent of police Srinagar shall monitor the investigation,” the court directed. 

The court ordered that the senior superintendent of police Srinagar “shall constitute a special investigation team headed by Gazetted officers assisted by at least three officers who should take of the investigation forthwith.”

The court took the strong note that the investigation under section 176 CrPc (inquest by magistrate) is still incomplete and directed the divisional commissioner Kashmir to enquire as to why the proceedings had not been completed.

“The divisional commissioner Kashmir shall enquire into the matter as to why the proceeding under section 176 Criminal Procedure Code have not been completed so far and report submitted to the concerned authority. In case of any fault observed Divisional Commissioner Kashmir shall proceed against the concerned in terms of relevant provisions of law and submit the report to SIT constituted in the matter who shall place the same on the file which can be taken up for consideration at relevant point of time,” the court said.

The station house officer (SHO) Soura was directed to provide all assistance to the SIT and to the divisional commissioner in their investigations.

The family of the deceased teenager has been exploring every option to get the FIR registered in the case for past eight years.

An application was filed by the father of the deceased in the CJM court stating that on August 20, 2010, his son was arrested by policemen from police station Soura and was “beaten so mercilessly in police custody that his internal organs were damaged and he died of the injuries on August 25, 2010, four days after he was released from police custody.”

In his application, he has stated police refused to register FIR in “murder” case of his son.

It is pertinent to mention here that Justice Koul Commission into the 2010 killings had also recommended registration of case against police personnel responsible for “custodial” death of Umar.

The family today also observed his 8th death anniversary. “We have to see whether the state will support the criminals and shield them or will extend their support to the victim family,” said advocate Babar Qadri while speaking during today’s anniversary event at Soura.