Hurriyat (M) approaches SHRC on Naidkhai incident

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Seeks dismissal of Cops involved in killing of youth

SRINAGAR: The Hurriyat Conference (M) has filed a petition before the State Human Rights Commission (SHRC) seeking dismissal of IRP personnel allegedly involved in killing of Bandipore boy Farhat Ahmad Dar who was shot dead at Naidkhai in the evening last Friday.

In his petition, Abdul Manan Bukhari, head legal cell of Hurriyat (M) has said that in order to disperse unlawful assembly there is the set procedure that the same can be dispersed either by the SHO concerned or under the requisition of high rank of Executive Magistrate and at the most, the persons who from part of unlawful assembly, shall be detained or arrested and as little force is to be used as police could.

Bukhari has sought an order for directing the respondent number four (Commandant India Reserve Police IRP 18th Bn) to dismiss the IRP Personnel from their services forthwith who are involved in the killing of the deceased namely Farhat Ahmad Dar.

“That the order directing the respondent number three (Deputy Inspector General of Police North Kashmir) be also passed wherein he be directed to issue directions to the respondent number five (S.H.O Police Station Hajin, Bandipora) to arrest the IRP Personnel involved in the Commission of an offence of Murder punishable under section 302 RPC after registration of an FIR in the said brutal killing of 20 Years old Farhat Ahmad Dar,” the Hurriyat (M) petition reads.

The petitioner said that the order directing the respondent number two (Deputy Commissioner Bandipora, Kashmir) be also passed wherein he be asked to show cause as to why this commission shall not proceed against him for the lapses and great error committed, by not keeping an eye on the unfortunate incident, as there has been no requisition for dispersing unlawful assembly (if any) by any 1st Class Executive Magistrate.

The Hurriyat (M) has also sought an order against the respondent (S.H.O Police Station Hajin, Bandipora) be also passed for his inaction and inability for not communicating in anticipation the apprehension of law and order problem (if any) to the concerned executive magistrate as required under law, who could have passed the requisition and could have better controlled such kind of situations if at all the same would have happened.

Bukhari has said that the unfortunate Naidkhai firing incident has triggered resentment, commotion, chaos and confusion in the entire valley.

Bukhari has said that it is the well settled law that it is not the every act of the public servants which is protected by law, particularly those acts which constitute the offence/s, as in the instant case the IRP Personnel of 18th Battalion are involved in the commission of an offence punishable u/s 302 RPC as such they can’t claim any protection in the garb of their uniform.

“That the men in uniform must know one of the legal maxims i.e., ignorance of fact is excusable but ignorance of law is not excusable. As such it’s crystal clear that these men in uniform killed innocent person/ civilian, on the other hand they can’t claim that they were not aware of the consequences of their omissions and commissions. Hence they deserve to be punished according to law irrespective of their status, position etc, so that it would become an epitome in deciding the said petition by this commission,” the petition reads further. 

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