The Supreme Court on Tuesday sought a report from Jammu and Kashmir Police on the circumstances under which a 26-year-old man was killed allegedly by a police official at Tengpora in Batamaloo area of Srinagar on July 10. A bench headed by Justice P C Ghose also stayed contempt proceedings initiated against the Senior Superintendent of Police and Inspector General of Police (Kashmir Range) for not lodging an FIR against the cops, including the Deputy Superintendent of Police Yasir Qadri allegedly involved in the killing of Shabir Ahmad Mir.
It issued notice to Mir's father on the plea of the Jammu and Kashmir government.
The Chief Judicial Magistrate, Srinagar, had on July 18 directed the SSP to file an FIR against DSP Yasir Qadri and others on an application of Mir's father alleging that his son was killed inside his house.
"In the meantime, there shall be stay of the contempt proceedings directed to be initiated against the SSP, Srinagar and the IGP, Srinagar. Having regard to the facts and circumstances of this case, we direct the state authorities to complete the investigation with regard to the complaint filed by the father of the deceased on the basis of the First Information Report already lodged on July 10, 2016 and submit a report, in a sealed cover, on or before August 12, 2016," a bench also comprising Amitava Roy said.
Attorney General Mukul Rohatgi, appearing for the Jammu and Kashmir government, said an FIR cannot be lodged against police officers for death in police firing as it is done to control a "violent" and "unruly crowd."
He contended that since an FIR regarding a stone-pelting incident has already been registered, "second FIR" cannot be lodged in connection with the same.
Additional Solicitor General Tushar Mehta, appearing for police officials, said "incidents of violence and stone pelting were not in national interest and their modus operandi must be found out."
Mehta said that the separatists were "openly asking the common people to file cases against police officials and if proceedings are initiated against them then that would demoralise them." "There must be some humane approach," the bench said.
According to the police, Mir was killed during protests, but his family alleged that he was shot dead by the officer Qadri in "cold blood" inside his house.
The Srinagar court had directed the IGP (Kashmir) to lodge an FIR against the DSP and others for their alleged role in the killing of Mir.
Later, contempt proceedings were initiated by the CJM on account of non-filing of the FIR against the police officers in connection with the incident.
The family of the deceased has contested the state's plea, claiming the killing to be a separate incident which had nothing to do with the FIR registered by the police.
In his application, Abdul Rehman Mir, the father of the deceased, has alleged that Qadri, along with 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 the police party, headed by Qadri, forcibly entered my house and started smashing windows and doors. My wife tried to stop the police officer. But infuriated by this, he assaulted us and hurled invectives at my wife. My son Shabir Ahmad Mir could not bear the beating of his parents and tried to rescue his mother from the clutches of the said police official and other police personnel."
"At this, the said police official flew into a rage and started beating my son. Thereafter, he fired two shots at my son with his pistol from point-blank range. He died on the spot," Mir had alleged in his application.
Meanwhile, the Jammu and Kashmir High Court on Tuesday adjourned the reference sent to it by a court in Srinagar for initiating contempt proceedings against two top police officials for defying orders regarding registration of an FIR against a DySP accused of killing a man in Tengpora.
A division bench of Chief Justice N Paul Vasanthakumar and Justice Ali Muhammad Magray adjourned the reference sent by the CJM Srinagar till August 17.
The CJM had sent the reference for initiating contempt proceedings against IGP Kashmir and SSP Srinagar for disobeying orders to lodge an FIR against DySP, Yasir Qadri.