SC to J&K: Take humane approach

The Supreme Court on Tuesday asked the Jammu and Kashmir government and the police to have a humane approach while dealing with the current situation in the Valley following the killing of Hizbul-Mujahideen commander Burhan Wani.

Making this oral observation, a bench comprising Justices P.C. Ghose and Amitava Roy stayed a J&K high court order, upholding a sessions court’s direction to register an FIR against deputy superintendent of police Yasir Qadri for the killing of a youth, Shabir Ahmad Mir.

Without registering the FIR, the state rushed to the apex court contending that an FIR against police officers will demoralise the force and anti-social elements will take advantage of the situation.

The bench, while entertaining an appeal filed by the J&K government also stayed the initiation of contempt by the high court for not complying with its directions. The apex court bench asked the police to investigate the matter without suspending or arresting the DSP and submit the report to the court in a sealed cover on August 12.

Meanwhile, the bench stayed the order for registration of FIR against the DSP on a complaint by a man whose 26-year-old son Shabir Ahmad Mir was allegedly shot dead by the police officer. According to the complaint, the DSP, along with a police team, had entered their house and shot dead Shabir and assaulted his mother when she intervened.

In its appeal, the state questioned the “haste” shown by the magistrate in ordering the FIR on the same day she had received the complaint without seeking response of the state police.

“You should be seen to be treating the people with love and affection,” the bench told attorney general Mukul Rohatgi and additional solicitor general Tushar Mehta when they pleaded for stay of the high court order.

ASG Mehta informed the court that anti-national elements were instigating people to file false cases of murder against police personnel to demoralise the security forces. The security personnel were dealing with a difficult situation and their modus operandi was in national interest, he contended.

Mr Rohatgi told the court that the murder complaint would be investigated as part of the violent incidents following the killing of Burhan Wani. He said if FIR is filed against the DSP, he has to be suspended and arrested. The AG further said that if this is allowed and with unfortunate incidents happening, FIRs will have to be lodged daily against police officers.