Srinagar: Jammu Kashmir Police Tuesday told a local court here that government has challenged the orders of Chief Judicial Magistrate Srinagar wherein police was directed to file an FIR against DySP in connection with killing of Tengpora youth.
SSP Srinagar Amit Kumar was directed by the Chief Judicial Magistrate (CJM) Srinagar Masarat Shaheen to implement the orders of CJM court dated July 18 and July 28, 2016.
On July 18, the court of CJM had directed SSP Srinagar to file FIR against DySP Yasir Qadri and other police personnel after Abdul Rehman Mir, father of the slain youth Shabir Ahmad Mir moved an application before the court.
On July 28, the court had directed SSP Srinagar to comply with the directions of court dated July 18 and file copy of FIR within 24 hours or to cause his personal appearance to show cause as to why action should not be taken against him.
On August 1, on the directions of CJM court, SSP Srinagar was produced under custody before the court by DIG central and was granted bail against the furnishing of bail bonds to the tune of Rs 50000 and personal bonds for the same amount.
The court also directed SSP to file statement of fact on 2/8/2016 and also comply the directions of the court which have been passed by CJM court on July 18 and July 28 and lodge the FIR and file the copy of FIR within 24 hours.
Both orders passed by this Honorable Court were examined by the government and government has thought it advisable to assail both the orders i.e order dated July 18 and July 28 by way of filling petition under section 561-A CrPc before the Honorable High Court of J&K Srinagar and the requisite sanction has also been accorded bearing number 2282-LD (Acq) of 2016 dated 29/7/2016 issued by government of Jammu and Kashmir Department of Law, Justice and Parliamentary Affairs Civil Secretariat Srinagar, the SSP who was present in person, told court.
In view of the decision of the government to assail the orders passed by this honorable court, petition under section 561-A CrPc number 204/2016 dated, MP 01/2016. The petition was listed on 1/8/2016 before the Honorable High Court, the Honorable High Court heard the matter on behalf of the state and was pleased to adjourn the petition on the request of respondent/ caveter for today, i.e 2/8/2016 for further proceedings, he added.
In the view of above mentioned facts and circumstance, the non-applicant (SSP Srinagar) submits with respect the state has chosen to exercise a statutory remedy of filling petition under section 561-A CrPc before the Honorable High Court J&K and same is pending adjudication, as such the non-applicant has not violated the directions of this Honorable Court and not committed any disobedience of the orders of this Honorable Court, he said.
He also told court that he is law abiding citizen and cannot even imagine to cause in any manner whatsoever interference in the administration of justice. (CNS)
Be Part of Quality Journalism
Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it. Our reporters and editors are working overtime in Kashmir and beyond to cover what you care about, break big stories, and expose injustices that can change lives. Today more people are reading Kashmir Observer than ever, but only a handful are paying while advertising revenues are falling fast.