A local court here on Thursday directed Senior Superintendent of Police (SSP) Srinagar to register a case against Deputy Superintendent of Police (DSP) Yasir Qadri in connection with the killing of Shabir Ahmad Mir of Tengpora Batamaloo.
"The SSP Srinagar is directed to lodge FIR and comply with the directions of this court dated 18/7/2016 and file the copy of FIR within 24 hours. Otherwise SSP Srinagar is directed to cause his personal appearance before this court to show cause as to why action shall not be taken against him," the court said.
On July 18, the court of Chief Judicial Magistrate Srinagar Masarat Shaheen had directed SSP Srinagar to file FIR against DSP Yasir Qadri and other police personnel after father of the slain youth, Abdul Rehman Mir, moved an application before the court.
The court had also directed the SSP to get the matter investigated by some senior officer not below the rank of DSP.
The counsel of the complainant pleaded before the court that despite court directions SSP Srinagar has not lodged FIR nor the case has been investigated. He had filed an application for initiating contempt proceedings against SSP Srinagar Amit Kumar.
The CPO representing state, pleaded that FIR number 89/2016 under sections 147,148,152,307,336,436 RPC stand already registered in police station Batamaloo and investigation has been handed over to SP North City Sajad Khaliq. He submitted that the investigation of the case is in progress and another FIR can be lodged.
Both the CPO and the complainant's counsel referred to various Supreme Court judgments in their arguments.
"The facts of FIR number 89/2016 is different and thus the present FIR will not be FIR for the occurrence against same transaction as in the FIR number 89/2016 because police has claimed that it was deceased and other accused persons in the present FIR who are accused and have committed offence under sections 147,148,152,307,336,436 RPC," the court said.
"But on the other hand, the present application reveals that the police officer has exceeded his powers in the house of complainant and has shot dead the son of the complainant and thereby has committed a cognizable offence like murder. The applicant has claimed that it was Police officer who has committed occurrence like murder," the court added.
In his application, father of the deceased, Abdul Rehman Mir alleged that DSP Yasir Qadri and other police personnel entered his house at Tengpora, Batamaloo, at 6:45 pm.
"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 application.
"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.
The complainant further states that he had approached the SHO of concerned police station for lodging FIR "but he refused to do so."