Senior Superintendent of Police (SSP) Srinagar Amit Kumar Tuesday informed a local court here that government has thought it advisable to challenge orders of Chief Judicial Magistrate Srinagar to file an FIR against Deputy Superintendent of Police (DSP) Yasir Qadri in connection with killing of a Tengpora youth.
SSP Srinagar was directed by the CJM Srinagar Masarat Shaheen to implement court orders passed on July 18 and July 28 to file FIR against the accused DSP.
Pertinently, on July 18 the court of CJM had directed SSP Srinagar to file FIR against DSP Yasir Qadri and other police personnel after Abdul Rehman Mir, father of the slain youth Shabir Ahmad Mir moved an application before the court.
On July 28, the court had directed SSP Srinagar to comply with the directions of court dated July 18 and file copy of FIR within 24 hours or to cause his personal appearance to show cause as to why action should not be taken against him.
"Both orders passed by this Honorable Court were examined by the government and government has thought it advisable to assail both the orders i.e order dated July 18 and July 28 by way of filling petition under section 561-A CrPc before the Honorable High Court of J&K Srinagar. The requisite sanction has also been accorded bearing number 2282-LD (Acq) of 2016 dated 29/7/2016 issued by Government of Jammu and Kashmir Department of Law, Justice and Parliamentary Affairs Civil Secretariat Srinagar," the SSP told the court.
"In view of the decision of the government to assail the orders passed by this honorable court, petition under section 561-A CrPc number 204/2016 of August 1. The petition was listed on August 1 before the Honorable High Court. The Honorable High Court heard the matter on behalf of the state and was pleased to adjourn the petition on the request of respondent/caveter for today for further proceedings," he added.
"In the view of above mentioned facts and circumstances, the non-applicant (SSP Srinagar) submits with respect the state has chosen to exercise a statutory remedy of filling petition under section 561-A CrPc before the Honorable High Court J&K and same is pending adjudication, as such the non-applicant has not violated the directions of this Honorable Court and not committed any disobedience of the orders of this Honorable Court," he said.
The SSP also told the court that he is law abiding citizen and "cannot even imagine to cause in any manner whatsoever interference in the administration of justice."
Meanwhile, father of the slain youth, through counsel prayed before the court that proceedings of the case may be deferred till the matter is finally decided by HC.
Pertinently, in his complaint, Abdul Rehman Mir, father of the deceased, alleged that DSP Yasir Qadri and other police personnel entered his house at Tengpora, Batamaloo, at 6:45 pm.on July 10.
"I along with the family members was watching TV and police party headed by Yasir Qadri forcibly entered my house and started smashing windows and doors. My wife tried to stop the police officer," Mir alleges in the complaint.
"But on this, the police official was infuriated and he assaulted us and hurled invectives upon my wife. My son, Shabir Ahmad Mir, who was present on the spot could not bear beating of his parents and tried to rescue his mother from the clutches of the said police official and other police personnel. On this, the said police official went into rage and started beating my son. Thereafter he fired two shots on my son from his pistol from point-blank range. He died on spot," it states.