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SRINAGAR

Body of Shabir Ahmad.
Body of Shabir Ahmad.

Surprised over law department’s decision to file an appeal in the High Court against an order of the Chief Judicial Magistrate, Srinagar, in the Tengpora killing case, Peoples Democratic Party senior leader and Member of Parliament Muzaffar Hussain Baig Saturday expressed his surprise and disappointment over the decision.

CJM, Srinagar has passed an order directing the authorities to register an FIR against a police officer for alleged murder of a youth in Tengpora, Batamaloo.

Baig, as per a statement to a local news gathering agency, KNS, said that according to the court and law, in any civilised society if any person commits a crime against any other person, the aggrieved can lodge a complaint before police authorities.

“However, when the crime has been committed allegedly by a police officer, the aggrieved party has a right to file a complaint before a chief judicial magistrate,” the PDP leader said.

“In the present case, the crime was allegedly committed by a police officer, the aggrieved family had not recourse but to file a complaint before the chief judicial magistrate who after prima facie after satisfying herself directed that an FIR be registered against the police officer,” he said.

Baig, a lawyer, said that registration of an FIR does not amount to any conviction or charge sheet but it is only an inquiry initiated to find the truth or otherwise of the complaint.

“The reported decision of the law department to go to the High Court against this order passed by the CJM, Srinagar, within his jurisdiction will undermine the credibility of the government, including the chief minister, who has always claimed that wherever injustice is done to any citizen, she will ensure that proper inquiry will be held and the guilty will be punished,” he said.

The senior PDP leader has also appealed to the chief minister to intervene in this matter urgently in the interest of justice and the credibility of her own position.

It is pertinent to mention here that slain youth, Shabir Ahmad Mir, of Tengpora, Batamaloo, was allegedly killed by a DSP rank officer in the ongoing agitation and his father has filed an application before CJM Srinagar and said that his son was “killed in a cold blood”.

The CJM had directed the SSP Srinagar to file an FIR against the police officer and probe the killing. The CJM today also issued non-bailable warrant against the SSP for not filing FIR against the DSP.

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