Youth killing: Court orders NBW against SSP, FIR against DySP

A city court today issued fresh non-bailable warrant against SSP Srinagar for not being present in the court and directed Inspector General of Police (Kashmir) to file an FIR against a DySP in connection with the killing of a youth in Tengpora area of Srinagar on July 10.
"In order to uphold the supremacy of law, IGP Kashmir is directed to lodge an FIR against the non-applicant (DySP) within 24 hours," Chief Judicial Magistrate Srinagar Masarat Shaheen said in her order.
"He (IGP) is further directed to cause personal appearance before this court at 10 am on Monday along with the compliance report," she added in the order.

The order was issued after SSP Amit Kumar was not present in the court despite earlier directive to be present today.
"Non-bailable warrants issued against SSP Srinagar through DIG central Kashmir. SSP to show cause as to why contempt proceedings shall not be intitiated against him so that reference can be sent to the High Court," it reads.
The CJM court on July 18 and July 29 had directed the SSP to file an FIR against DySP Yasir Qadri and other personnel over the killing of one Shabir Ahmad Mir allegedly inside his house on July 10.

The Chief Prosecuting Officer appearing on behalf of police, however, had informed the court that they had already registered an FIR in connection with the incident and cannot file a second FIR.

The court rejected the prosecution's plea, saying the FIR registered by the police was for a different occurrence while the killing of Mir seemed to be a different incident.
As the SSP Srinagar failed to comply with the orders, the CJM issued non-bailable warrants against him and he was produced before the court in custody on August 1 by DIG Central Kashmir as per the orders of the court.
He was released after furnishing bail bond and personal bond to the tune of Rs 50,000.
The state then filed a petition before the High Court, seeking quashing of orders of the CJM on registering an FIR against Qadri and other personnel for the alleged killing.

Justice Mohammad Yaqoob Mir, while pronouncing the orders on Thursday, dismissed it with the direction to the CJM Srinagar to proceed as per law.
Abdul Rehman Mir, father of deceased, has filed an application before the CJM court, alleging that DySP Qadri and 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 police party headed by 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 invective's 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," the application claims.