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| HC reserves verdict on Govt's plea against CJM orders | | Tengpora youth's killing | | Early Times Report
Srinagar, Aug 2: The State High Court today reserved verdict on a government's petition, seeking its directions to quash chief judicial magistrate Srinagar's orders to registered FIR against a DySP in connection with the 'cold blooded murder' of a 26-year-old youth at Tengpora here on July 10.
A single bench of the court comprising Justice Mohammad Yaqoob Mir is likely to announce on Wednesday the verdict, reserved after hearing state's additional advocate general Mohammad Amin Rathore and senior lawyer Zaffar Qureshi, representing the victim family.
In his arguments, Qureshi said that the use of force against the protesters as stated in the FIR (89/2016, Police station Batamaloo) and the killing of the youth Shabir Ahmad Mir allegedly by the accused DySP, Yasir Qadri, were different incidents.
"There are two different occurrences. The cause of death is different. The boy took cudgels with the officer only when his mother was beaten and abused by the accused official," he submitted.
The AAG resumed the arguments soon after the case came up hearing, contending that there can be registration of only one FIR for "cognizable" offence.
"In the present case (FIR no 89/2016) has been lodged of a stone pelting incident and same is under investigation which is conducted on war footing. In addition to it, district Magistrate Srinagar is also conducting an enquiry of the same incident about the circumstances in which death of one person has taken place," he said, contending that there is no scope under law for a direction to lodge 2nd FIR as directed by the Chief Judicial Magistrate Srinagar.
"The direction by (CJM) also runs contrary to the verdict of the Apex court in which, it has been held that the Magistrate while passing direction under 156 (3) of CrPC has to disclose reasons upon which (it) was satisfied to pass the direction," he said, contending the CJMs order does not disclose any reason.
"The directions are unsound also for the reason that the CJM has no power to pass any direction under 156 (3) against (SSP) as the section empowers magistrate to issue direction in the name of SHO of police station and not against Superintendent of Police."
Meanwhile, awaiting orders the CJM Srinagar Masarat Shaheen deferred further consideration on an application on which the court has ordered registration of the FIR against the DySP Yasir Qadri. |
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