The Supreme Court on Friday directed that the body of 26-year-old Shabir Ahmad Mir killed by the police on July 10 in Batamaloo area of Srinagar be exhumed for conducting a post-mortem under the supervision of Srinagar’s district judge.
A bench of Justices Pinaki Chandra Ghose and Amitav Roy gave this direction after perusing the status report filed by the state as the victim’s father apprehended that the police mig-ht suppress the facts. The bench asked the Srinagar district judge to monitor the exhumation of the body of Shabir Ahmad Mir and the post-mortem to ensure that there was no foul play.
Arguing for the “victim’s” father Abdul Rehman Mir, senior advocate Kapil Sibal pleaded that the police, particularly DSP Yasir Qadri, should not be associated with the post-mortem in any way. He said Mr Qadri had shot dead the victim inside the Mir’s house, not on the road when he was part of an unruly mob as claimed by the police.
The bench told Mr Sibal that it had already advised the state government at the last hearing on August 9 to have a humane approach with a touch of love and aff-ection, while dealing with the current unrest in the Valley, fuelled by the killing of Hizbul Mujahedeen commander Burhan Wani.
Appearing for Jammu and Kashmir, attorney general Mukul Rohatgi said the state had no objection to any of the court’s conditions as the government was for a transparent and impartial inquiry to get to the bottom of the case. The state government had already requested Mir to be present at the time of exhuming the body and autopsy, but he had not responded, the AG said.
The bench on August 8 had stayed a J&K HC order, upholding a sessions court’s direction to register an FIR against Mr Qadri. Without registering the FIR, the State rushed to the apex court contending that FIR against Police officers will demoralize the force and anti-social elements will take advantage of the situation.
The Bench while entertaining 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. The AG said that the murder complaint against the DSP would be investigated as part of the violent protests against the killing of the Hizbul commander. Registration of a fresh FIR would demoralise the security forces and would amount to playing into the hands of those inimical to national integrity, he said. The bench posted the matter for further hearing in September.
