The Supreme Court on Friday sought a report from Jammu and Kashmir Police on the circumstances under which a 26-year-old man was killed allegedly by the police at Tengpora in Batamaloo area of Srinagar on July 10.
The apex court has also directed for exhumation and postmortem of the dead body under supervision of principal district & session judge Srinagar.
The next hearing will be on September 5.
A bench headed by Justice P C Ghose also stayed contempt proceedings initiated against the Senior Superintendent of Police and Inspector General of Police (Kashmir Range) for not lodging an FIR against the cops, including the Deputy Superintendent of Police (DSP) allegedly involved in the killing of Shabir Ahmad Mir.
It issued notice to Mir’s father on the plea of the Jammu and Kashmir government.
The Chief Judicial Magistrate, Srinagar, had on July 18 directed the SSP to file an FIR against DSP Yasir Qadri and others on an application of Mir’s father alleging that his son was killed inside his house.
“In the meantime, there shall be stay of the contempt proceedings directed to be initiated against the SSP, Srinagar and the IGP, Srinagar.
“Having regard to the facts and circumstances of this case, we direct the state authorities to complete the investigation with regard to the complaint filed by the father of the deceased on the basis of the First Information Report already lodged on July 10, 2016 and submit a aeport, in a sealed cover, on or before August 12, 2016,” a bench also comprising Amitava Roy said.
Attorney General Mukul Rohatgi, appearing for the Jammu and Kashmir government, said an FIR cannot be lodged against police officers for death in police firing as it is done to control a “violent” and unruly crowd.
He contended that since an FIR regarding a stone-pelting incident has already been registered, “second FIR” cannot be lodged in connection with the same.
Additional Solicitor General Tushar Mehta, appearing for police officials, said incidents of violence and stone pelting were not in national interest and their modus operandi must be found out.
Mehta said that the separatists were openly asking the common people to file cases against police officials and if proceedings are initiated against them then that would demoralise them.
“There must be some humane approach,” the bench said.
According to the police, Mir was killed during protests, but his family alleged that he was shot dead by the officer in “cold blood” inside his house.