J-K court refers case on IPS officers to HC

A city court today framed rule for contempt against two senior IPS officers for disobeying its orders on lodging an FIR against a DySP and other personnel for allegedly killing a youth in Tengpora area here last month and referred the matter to the Jammu and Kashmir High Court for further proceedings.
"As SSP Srinagar Amit Kumar and IGP Kashmir Syed Javaid Mujtiba Geelani have disobeyed the court orders dated 18th of July, 28th of July and 6th of August 2016 willfully as such needs to be dealt under the Contempt of Courts Act," Chief Judicial Magistrate Srinagar Masarat Shaheen said in the contempt reference to the high court.

She also directed the IGP and the SSP to remain present before the high court tomorrow.
Abdul Rehman Mir had filed an application before the CJM Srinagar for registering an FIR against Deputy Superintendent of Police Yasir Qadri and other police personnel for killing his son inside his home on July 10 in Tengpora.
"It is worthwhile to mention here that the matter relates to the commission of heinous cognisable offence in which time can destroy the evidence in case the FIR is not lodged at an earliest. It is also settled law that FIR has to be lodged as early as possible so that evidence cannot be destroyed and the evidence on the scene of occurrence does not get blemished," the CJM said.

"Hence reference is made to the Hon'ble High Court of J&K with the prayer for taking action under Contempt of Courts Act against the contemnors namely SSP Srinagar Amit Kumar and IGP Kashmir Syed Javaid Mujtiba Geelani, IGP Kashmir, in order to uphold the Majesty of law and in order to get the orders of the Court implemented," she added.

The CJM released the two officers after they complied with the court directions of furnishing the bail and personal bonds for an amount of Rs one lakh each with one surety.
On Saturday, the CJM Srinagar had directed the IGP to register an FIR against Qadri within 24 hours and furnish a compliance report to the court today.

"In order to uphold the supremacy of law, IGP Kashmir is directed to lodge an FIR against the non-applicant (DySP) within 24 hours. He is further directed to cause personal appearance before this court at 10 am on Monday (today) along with the compliance report," the order read.
The CJM issued the orders after the State petition before the High Court, under Section 561-A CrPC seeking quashing of the city court's orders on registering of FIR, was dismissed.
The High Court also directed the CJM Srinagar to proceed in the case in accordance with the law.