New Delhi: To ascertain the cause of death of the Tengpora youth who, the family alleges, was shot dead by a DSP from point blank range, the Supreme Court Friday ordered the exhumation of the body to carry out the post-mortem.
In its application before the Chief Judicial Magistrate, the father of deceased youth Shabbir Ahmad, in an affidavit, has alleged that his son was killed by DSP Yasir Qadri, who fired two shots from his revolver after barging into their house on July 10.
On the other hand, the police maintain that Shabir was injured after the security forces fired teargas shells and pellet guns on the agitated mob in the area.
The Supreme said that exhumation and post-mortem examination of the body of Shabir Ahmed Mir would be conducted under the supervision of the Srinagar's Principal District and Sessions Judge.
Recalling their observation in the course of the hearing of the matter on 9 August that there should be healing touch in the handling of the matter, a bench of Justice Pinaki Chandra Ghose and Justice Amitava Roy said that all work should be done with love and affection.
Directing the next hearing of the matter on 5 September, the bench said that it would be a decision of the Principal District and Sessions Judge of Srinagar on who would be present at the time of exhumation and post-mortem of the body.
The bench also sought report on the compliance of its orders as it went through the report by the Jammu and Kashmir Police on the incident ordered by it in the last hearing on 9 August.
The bench said this as senior counsel Kapil Sibal, appearing for the deceased's father Abdul Rehman Mir, urged the court that Deputy Superintendent of Police, who has allegedly killed the 26-year-old youth, should not be present.
Agreeing with Sibal that effort should be to get at the truth, the Attorney General said, "We should get at the bottom of the truth. I agree it should be free and impartial."
As the Attorney General said that he was ready for any condition that the court may impose, Sibal said that "transparency and confidence will send the right message".
The Jammu and Kashmir government has moved the apex court challenging the state High Court's order directing initiation of contempt proceedings against the state Inspector General of Police (IGP) and the Senior Superintendent of Police (SSP) for their failure to lodge fresh FIR against the Deputy Superintendent of Police as ordered by the Srinagar Judicial Magistrate.
The apex court had on 9 August put on hold the contempt proceedings against the IGP and SSP.
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