SRINAGAR: A city court on Saturday issued a non- bailable warrant (NBW) for personal appearance of a senior police officer for his failure to comply with an earlier order to register an FIR against a DySP in connection with the killing of a youth in Tengpora area here on July 10.
Chief Judicial Magistrate, Srinagar, Masarat Shaheen issued the NBW against Senior Superintendent of Police Amit Kumar to be executed through the DIG, Central Kashmir after rejecting his application seeking exemption from personal appearance.
She directed the Chief Prosecuting Officer, who was present in the court, to forward the non-bailable warrant to DIG, Central Kashmir and file a compliance report before the court on Monday.
“The SSP, Srinagar is further directed to show cause as to why contempt proceedings should not be initiated against him for not obeying the court directions, whereby he was directed to lodge FIR and file a copy of the FIR within 24 hours,” the magistrate said.
The CJM had on July 18 directed the SSP, Srinagar to file FIR against DySP Yasir Qadri and other police personnel on an application filed by father of Shabir Ahmad Mir, who was killed inside his house at Tengpora in Batamaloo area on July 10.
On Thursday, the counsel of the complainant pleaded before the court that despite directions, the SSP, Srinagar has not lodged FIR.
He had filed an application for initiating contempt proceedings against Kumar.
After hearing the counsel and and the Chief Prosecuting Officer, the court again directed the SSP, Srinagar to register an FIR against the DySP within 24 hours in connection with the killing of the youth.
“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, the SSP, Srinagar is directed to cause his personal appearance before this court to show cause as to why action should not be taken against him,” the court had said on Thursday.
The Chief Prosecuting Officer had pleaded before the court that an FIR has already been registered in connection with the occurence and investigation has been handed over to the SP, North City, Sajad Khaliq.
“The facts of FIR number 89/2016 are different and thus the present FIR will not be FIR for the occurrence.
“The police have claimed that it was deceased and other accused persons in the present FIR who have committed offences under RPC sections 147 (rioting), 148 (rioting, armed with deadly weapon), 152 (assaulting or obstructing public servant when suppressing riot), 307 (attempt to murder), 336 (endangering life or personal safety of others) and 436 (mischief by fire or explosive substance with intent to destroy house),” the court had 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 cognisable offence like murder,” it had said.
The applicant has claimed that it was police officer who has committed occurrence like murder, the court had said.
In his application, Abdul Rehman Mir, father of the deceased, had alleged that DySP Qadri and other police personnel entered his house at Tengpora, Batamaloo at 18:45 hours.
“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, the police official was infuriated and he assaulted us and hurled invectives upon my wife,” it said.
“My son, Shabir Ahmad Mir, who was present on the spot, could not bear the beating of his parents and tried to rescue his mother from the clutches of the police officer and other police personnel.
“Following this, the police officer went into rage and started beating my son. Thereafter, he fired two shots at my son from his pistol from point-blank range. He died on the spot,” the application said. PTI