By Raqib Hameed Naik, TwoCircles.net
Srinagar: After the Srinagar court directions regarding filing of an FIR against its own Deputy Superintendent rank police officer were flouted by Jammu and Kashmir Police officials, the court came down heavily on Senior Superintendent of Police (SSP) Srinagar, Amit Kumar and Inspector General of Police(IGP) Kashmir, Javaid Mujtaba Geelani for not complying with its directions and ordered contempt proceedings against them in the state High court.
IGP Kashmir
“It is very unfortunate that despite orders of this Court dated 18th of July and 28th of July which have been upheld by the Hon’ble High Court of J&K the orders of this Court was disobeyed wilfully not only by SSP Srinagar Amit Kumar but also by IGP Kashmir Syed Javaid Mujtaba Geelani,” reads the court order issued by Chief Judicial Magistrate (CJM) Srinagar, Masrat Shaheen.
“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 Mujtaba Geelani, IGP Kashmir, in order to uphold the Majesty of law and in order to get the orders of the Court implemented,” the court order adds.
The DySP rank police officer is alleged have killed an unarmed civilian, Shabir Ahmad Mir in his own house in Tengpora area of Srinagar by firing two bullets in his body from point blank range thus killing him instantly.
In the earlier order of August 6, the CJM court had issued a Non Bailable warrant against SSP Srinagar, Amit Kumar and had asked IGP Kashmir to lodge FIR in 24 hours and appear personally to clarify the stand of police in the killing of youth in Tengpora last month.
On August 1, SSP Srinagar was released on bail after he was produced before the local court by the DIG central Kashmir.
SSP Srinagar
Both the IGP and SSP appeared in the court on Monday, August 8 but without complying with the court direction of filing an FIR, as such they were directed to furnish the bail and personal bonds for an amount of Rs 1 lakh each with one surety.
“SSP Srinagar and IGP Kashmir have furnished the requisite bail and personal bonds which are attested and accepted with the direction to cause their appearance before the Hon’ble High Court of J&K at Srinagar on 9 August this month for facing contempt proceedings,” the CJM court order said.
The court further observed that, “Although a person is having a right to assail the order before the Hon’ble High Court or Hon’ble Supreme Court of India but that does not mean that a person is having a blank cheque to flout the orders of the Court. The statement of facts filed by SSP Srinagar does not show any sufficient cause but on the other hand show the complete disregard of the Court orders which was even upheld by Hon’ble High Court of J&K.”
The High court on August 4 had dismissed the petition filed by the State under section 561(A) CrPC and also word of caution was passed by the High Court to CJM Court directing to proceed in accordance with law and if required it shall adhere to the procedure of governing Contempt Proceedings.
Last month an application was moved by an applicant namely Abdul Rehman Mir, a resident of Tengpora Batamaloo Srinagar to direct Batamaloo Police Station for registration of an FIR against the police officer and other police personnel.
The applicant, who is the father of the deceased, had submitted in his application before the court that on July 10 at 6:45 pm when they were watching television, a police party headed by DySP of J&K police (name withheld) barged into their house and started smashing windowpanes and doors of the house.
“The wife of the applicant tried to stop the said police officer, however he physically assaulted her. The son (deceased Shabir Ahmed Mir) could not tolerate the thrashing of his mother and tried to rescue her from the clutches of the police officer. The Police officer took out his pistol and fired two shots at him resulting in his on spot death,” reads his application.
The applicant has further submitted that, “ the said DySP took law in his own hands and killed his son in cold blood without any reason and rhyme. The applicant has submitted that he filed an application with the SHO Batamaloo who refused to lodge an FIR against the said DySP.”
The locals had also alleged that were no protests going on in the area and that police and paramilitary forces barged into his house, dragged him out and had shot him dead.