The Jammu and Kashmir High Court on Tuesday reserved its decision on a petition against the order of Chief Judicial Magistrate (CJM) Srinagar to lodge an FIR against a police officer for his allegedly killing a youth at Tengpora Batamaloo here.
A bench of Justice Muhammad Yaqoob Mir reserved the judgment after hearing the government through its state counsel, M A Rathore and advocate Z A Qureshi who represented victim's family on behalf of High Court Bar Association.
In its complaint before CJM, the family of the victim Shabir Ahmad Mir has alleged that the accused DSP barged into their house and killed him in "cold blood" on July 10.
While on July 18, CJM Srinagar had directed SSP Srinagar to file FIR against DSP Yasir Qadri and other police personnel, the state government challenged the order on the ground that an FIR already stands lodged and second FIR cannot be filed.
"There cannot be a second FIR. The allegations projected in the application by the parents of the youth before the CJM are already part of the first FIR and can be investigated, which is under process", state counsel pleaded.
He further submitted that the CJM had no powers to direct the SSP to lodge the FIR as she was not competent to do so. The allegations, the counsel pleaded, were against a public servant and needed government sanction for prosecution.
Counsel for the victim family, submitted that the use of force against the "mob" as stated in the FIR and the killing of the youth Shabir Ahmad Mir allegedly by the accused DSP are two different occurrences.
"These are two different occurrences. The cause of death is different. The youth entered into argument with the officer only when his mother was beaten and abused by the accused official," he submitted. "So there is no problem in lodging the FIR".