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Court dismisses complaint against Omar, Bukhari
2010 killings
8/12/2015 11:19:03 PM
Early Times Report

Srinagar, Aug 12: A local court has dismissed a complaint filed by Hurriyat Conference led by Syed Ali Shah Geelani alleging involvement of former Chief Minister Omar Abdullah and former SSP Srinagar Ashiq Bukhari in the killing of 120 youths in 2010 unrest.
"After considering the statements of complainant (Hurriyat Conference (G) general secretary Ghulam Nabi Sumji), his witness, the complaint and the enquiry which has been conducted under section 202 CrPC, there is no sufficient ground for proceedings in my judgment as such this Court has no option but to dismiss the present so-called complaint under section 203 CrPC," said Chief Judicial Magistrate Srinagar Masrat Shaheen while dismissing the complaint.
"The complainant in his complaint has based the whole complaint on a statement to public at large through print media. Even as per the para -5 of the complaint, the complainant has stated that the accused persons have leveled allegations against each other for killing of youth but there is no evidence which could have revealed that accused persons have caused the death of the persons who have been killed in the year 2010," the court said.
It said that even the legal heirs of the deceased persons have not lodged FIR against the accused persons which all reveals that complainant has made the complaint on the basis of hearsay evidence and also on assumptions and presumptions. The court passed the order after going through the inquiry report filed by the SSP Srinagar, Amir Kumar.
"Allegations mentioned in compliant were perused and it appears that the contentions mentioned in the compliant are that Ashiq Bukhari's tenure as SSP Srinagar saw 120 deaths in 2010. It is not based on facts as Bukhari assumed charge of SSP Srinagar on 21/06/2010 in compliance with government order on 20/6/2010," the SSP Srinagar had said in his report submitted to the court in June this year.
Kumar said that during Bukahri's tenure as SSP, district Srinagar witnessed 14 deaths which he said can be attributed to the dealing with law and order situation.
"In all these incidents FIRs have been lodged on relevant date and for investigation and these cases have been concluded," he had said.
He said that besides this, three deaths took place in suspicious circumstances for which inquest proceedings u/s 174 CrPC were initiated and undertaken. "Of these two deaths were closed due to drowning and the proceedings in the third one have been submitted to one man commission headed by Justice (retd) M L Koul on 29/01/2015 for further proceedings," he had said.
Kumar said that it surfaced that the allegations levelled against Omar Abdullah and Bukhari in the compliant are based on the news story proclaimed on print media and uploaded on internet by a journalist following his telephonic conversation with ex-SSP Bukhari. He said that it was while discharging his professional duties that the journalist sought the views or comments regarding the release of Masrat Alam Bhat from Ex-SSP Srinagar and subsequently after editing, uploaded it on his blog.
"It surfaced that the news story based on telephonic conversation was distorted account of a casual talk of the retired police officer which got further distorted in subsequent publications. In view of the factual position, which emerged during the course of enquiry nothing has been substantiated against Omar Abdullah and Ashiq Bukhari," the SSP Srinagar had said
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