Issues non-bailable warrant against SSP, directs IGP to file FIR against accuse DySP
The Court on Saturday again issued a non-bailable warrant against SSP Srinagar failing to file an FIR against the accused police officer Yasir Qadri. The The Court of Chief Judicial Magistrate Srinagar Masrat Shaheen while seeking the personal appearance of Inspector General of Police Kashmir Zone on the next date of hearing directed him to file an FIR against the accused DySP who allegedly killed a youth in the lawns of his Tengapora Batamaloo house in July last month.
According to the Court order, “the file (pertaining to the killing of Tengapora youth Shabir Ahmed Mir) was taken up at 11 A.M then at 1 P.M and lastly at 2.30 P.M but despite that SSP Srinagar failed to appear before the Court and also failed to file the compliance report as was directed by this Court vide order dated 18th, 28th July and 1st of August 2016. Even on 28th of July 2016 SSP Srinagar was directed to cause his personal appearance before the Court to show cause as to why contempt proceedings shall not be initiated against him for not obeying the Court direction and was also directed to comply the orders of Court dated 18th of July. He was further directed to file the copy of FIR within 24 hours but despite these directions SSP Srinagar has not complied with the orders of the Court and has failed to lodge the FIR against the non applicant. SSP Srinagar caused his appearance before the Court due to warrant on 1st of August and also remained present on 2nd of August 2016 but despite that has not complied with the directions of the Court.”
“The orders of this Court dated 18th and 28th of July 2016 was assailed by the State by way of petition under section 561 A Cr.PC but the petition was dismissed and both the orders of this Court were upheld by Hon’ble High Court. Despite the orders of this Court have attained finality due to seal of Hon’ble High Court the SSP Srinagar today (August 6) also failed to appear before the Court and also failed to file the compliance report. Till this time neither FIR has been lodged and nor copy of FIR has been furnished to this Court.”
The Court according to news agency CNS said that, “It is very unfortunate that protectors of law have themselves become violators of the law and have willfully disobeyed the orders of the Court.”
According to the Court order, “CPO has filed the statement of facts in compliance to the orders of the Court in which SSP Srinagar has stated that State has chosen the statutory remedy by way of filing the SLP before the Hon’ble Supreme Court of India and the matter may kindly be adjourned and may be listed after fifteen days for filing of compliance report. Although the statement of facts is signed by SSP Srinagar personally but on the other hand has been filed by CPO Srinagar. It is very unfortunate that CPO has no knowledge about the law because he has no locus standii to file statement of facts on behalf of SSP Srinagar but on the other hand SSP Srinagar who is contemnor has only locus standii to file the statement of facts. As SSP Srinagar has in toto disobeyed the orders which have been repeatedly passed against him and also was repeatedly directed to remain present before the Court, as such he is directed to show cause as to why contempt proceedings shall not be initiated against him for disobeying the orders of the court. As SSP Srinagar was directed to remain present which he has not opt. Hence issue a non bailable warrant against the SSP Srinagar through DIG Central Kashmir to show cause as to why contempt proceedings shall not be initiated against him so that reference can be sent to the Hon’ble High Court for initiation of contempt proceedings in accordance with the Contempt of Courts Act.”
“Even the Hon’ble High Court vide its order dated 4th of August 2016 has made word of caution to this Court that in the event of default of implementing the order dated 18th and 28th of July Chief Judicial Magistrate Srinagar shall proceed in accordance with law and if required shall adhere the procedure governing the Contempt proceeding.”
“As the orders of this Court have not been compiled by SSP Srinagar but at the same under section 551 Cr.P.C Police Officer Superior in rank to Officer Incharge of the Police Station can exercise the same power throughout the local area for which they are appointed as may be exercised by such officer within limits of his station. Hence in light of this provision this Court deems fit that a Police Officer Superior in Rank to the officer Incharge of Police Station and SSP Srinagar shall be directed to lodge the FIR so that dignity and Majesty of the Court can be upheld. Hence in order to uphold the supremacy of law IGP Kashmir is directed to lodge the FIR against the non applicant within twenty four hours. IGP Kashmir is further directed to cause his personal appearance before this Court at 10 AM on 8th of August 2016 along with the compliance report. Copy of this order shall be forwarded through CPO Srinagar with the direction to file the compliance report that he has communicated the orders to the concerned Police Officer.”
The case has been listed for next hearing on August 8 this month.