The Court also directed the SSP Srinagar to get the case investigated by an officer not below the rank of a DySP.
A local court in Srinagar has directed the Jammu and Kashmir police to register a case against its officer accused of acting "beyond the powers" in connection with the killing of a youth in Tengpora area of the city on July 10.
"The applicant is on affidavit. And as per the facts of the application, the concerned DySP (Deputy Superintendent of Police) has acted beyond the powers which reveals that there is a case of cognisable offence," Chief Judicial Magistrate, Srinagar Masarat Shaheen said in an order passed on Monday.
The CJM, while issuing the order for registering an FIR against the officer, also directed the SSP Srinagar to get the case investigated by an officer not below the rank of a DySP.
"In the light of the application and affidavit sworn by the applicant, SSP Srinagar is directed to lodge FIR against the concerned official and investigate the matter. However, the SSP is further directed to get the case investigated by some senior officer not below the rank of DYSP," the court said.
Shabir Ahmad Mir was allegedly killed in police action at Tengpora area of the city on July 10.
According to police, he was killed during protests but his family alleges that he was shot dead by the officer in "cold blood" inside his house.
The applicant has submitted that on July 10 at 6.45 PM when they were watching television, a police party headed by DySP Yasir Qadri 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 (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," the court said while reproducing the excerpts from the application made by father of the deceased.
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". He also submitted that he filed an application with the SHO Batamaloo, however, he refused to lodge an FIR against the accused DySP. The court fixed July 28 as the next date of hearing in the case.
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