Tengpora murder case | Court directs probe by Special Investigation Team
A court here Tuesday directed Senior Superintendent of Police (SSP) Srinagar to set up the Special Investigation Team (SIT) to probe alleged murder of 20-year old youth Zahid Amin Baba of Wanbal Rawalpora.
The court of Chief Judicial Magistrate Srinagar Farooq Ahmad Bhat issued directions after the father of deceased pleaded through his counsel that he was not satisfied with investigation. He was represented by advocate Muhammad Abdullah Pandit and advocate Muhammad Ashraf Bhat.
The court observed that provisions of law provide for a check by the Magistrates on the police 'performing its duties under the code of criminal procedure.
"In cases where the Magistrate find that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue direction to the police to do the investigation properly and can monitor the case," court said.
"I am of the considered opinion that the investigation so far done is faulty and smacks flaws and Sec. 156 (3) Cr.PC though briefly worded, in my opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation (sic)," court said.
The court added that arguments advanced by the counsel for petitioner are tenable to this court that the investigation is being conducted in such a manner "to undermine and sabotage the whole process of collection of evidence necessary for a conviction in a case."
The court observed that the investigation so far conducted in the case in question resulted in commission of offence of causing death by rash or negligent act not amounting to culpable homicide; and the offence of theft.
Court further observed that complainant being the father of the deceased has grave apprehensions that the investigation is being done contrary to the facts and the evidence collected by the investigator has been kept back. "The suspicious circumstances under which the deceased was intoxicated by the accused have been ignored and the investigator has intentionally facilitated the escape of the accused from the commission of murder."
It added that investigation must cover all the aspects, the moment the deceased came in the company of the deceased till the dead body was found in the suspicious circumstances inside the vehicle.
"The SSP Srinagar is directed to constitute a Special Investigation Team to be headed by DySP to investigate the case FIR no. 16/2021 and progress of the investigation in the shape of status report shall be filed before this court every fort nightly," the court said.
Zahid Amin Baba was found dead in a car under suspicious circumstances near Gangbug Srinagar on 20 March, this year.