Contempt of court case against Kashmir cops for failing to file FIR

SRINAGAR: After repeated noncompliance from police, the court of chief judicial magistrate Srinagar initiated contempt proceeding against the most senior police officers of inspector general of police (IGP) Kashmir and superintendent of police (SSP) Srinagar on Monday.

The officers had failed to file an FIR against a deputy superintendent of police (DySP) allegedly involved in killing of a youth in Srinagar’s Tengpora area on July 10. According to an application moved by the family of the slain youth Shabir Ahmad, he was killed in the lawns of his house.

Police had however refused to file a case against deputy superintendent of police Yasir Qadir and said that FIR in the case is already registered.

Police, in its FIR, had instead made Ahmad an accused, saying he was leading a violent protest.

The chief judicial magistrate (CJM) Masarat Shaheen referred the case to the high court for deciding the quantum of punishment.

Jammu and Kashmir high court on Thursday upheld the directions passed by the CJM.

The lower court had directed the SSP Srinagar first on July 18 and again on July 28 to file the FIR and appear personally if the complaint was not lodged. Later a non-bailable warrant was also issued against the senior superintendent of police for not complying with court orders.

Dismissing the government’s plea, HC had said that “CJM has exercised power well within the confines of law’’.

The police had moved high court on August 2, however, it dismissed the plea.

Calling the killing of the youth as a ‘heinous cognizable offence’, the magistrate in her application had said delay in filing the case can compromise evidence.

“It is worthwhile to mention here that the matter relates to the commission of heinous cognizable offence in which time can destroy the evidence in case the FIR is not lodged at an earliest. It is also settled law that FIR has to be lodged as early as possible so that evidence cannot be destroyed and the evidence on the scene of occurrence does not get blemished,’’ the application to the high court said.

It is worthwhile to mention here that the matter relates to the commission of heinous cognizable offence in which time can destroy the evidence in case the FIR is not lodged at an earliest. THE APPLICATION TO THE HC