Tengpora killing: NBW against SSP for not taking action against accused officer

Rejecting the application on behalf of SSP, Srinagar, Amit Kumar seeking exemption from personal appearance, Chief Judicial Magistrate (Srinagar) Masarat Shaheen issued an NBW against him, to be executed by Deputy Inspector General of Police, Central Kashmir.

The court directed the Chief Prosecuting Officer to forward the NBW to the DIG and file a compliance report before the court within two days.

“The SSP Srinagar is further directed to show cause as to why contempt proceedings shall not be initiated against him for not obeying court directions, whereby he was directed to lodge an FIR and file a copy of the FIR within 24 hours,” the order states.

In violation of the court’s orders, police had lodged an FIR against the victim, accusing him of rioting, attempt to murder and assault on a public servant.

Police had told the court that the youth was leading a procession the day he was killed. But Mir’s parents said in an affidavit filed before the court that the DSP shot their son from point-blank range inside their house.

The court had rejected the police argument.

In fresh directions issued on Thursday, CJM (Srinagar) had directed SSP Kumar to lodge an FIR against DSP Qadri and file a copy before the court within 24 hours.

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“I have also perused the case diaries of FIR 89/2016, which reveals that the deceased has been cited as an accused, who was leading the procession on which the police party has used force,” the court had observed.

“Police also claimed it was the deceased and other accused persons… who caused the offence, but on the other hand, the present application reveals that a police officer has exceeded his powers in the house of the applicant and shot his son dead, thereby committing a cognizable offence like murder,” the court had said.

The application filed by the victim’s father read: “When they (Mir’s family members) were watching television, a police party headed by DSP Qadri barged into the house and started smashing window panes and doors. The wife of the applicant tried to stop the officer, but he physically assaulted her. The son (Shabir) could not tolerate the thrashing of his mother and tried to rescue her. The police officer took out his pistol and fired two shots at him, resulting in his on-the-spot death.”