Budgam police directed to comply with court orders in killing of Abbas Rather

BK Online Srinagar
May 16, 2018 BREAKING NEWS 105 Views
Budgam police directed to comply with court orders in killing of  Abbas Rather

Judicial magistrate Budgam directed the Budgam police to comply with court orders requiring them to record the statements of family members of killed civilian Abbas Ahmad Rather and file a compliance report on 26 May 2018. The mother and sister of Abbas Ahmad Rather are eyewitnesses. Despite repeated court orders and the passage of more than a year, the police have chosen to disregard court orders and side with the accused armed forces personnel. The proceedings in the instant case serve as an illustration of the struggle for justice, and the state of absolute impunity, in Jammu and Kashmir.

 On 9 April 2017, two civilians, Abbas Ahmad Rather (aged 22) and Faizan Ahmad Dar (aged 11), both resident of Hardu Dalwan, Chrar-i-Sharief, Budgam, were killed in armed forces firing at the same location, outside the Government Secondary School (used as a polling booth on that day). Police Station Chrar-i-Sharief filed FIR no. 21/2017 based on a report from Sub-Inspector Ajay Kumar Upadhyay (E Coy 18th Bn BSF) alleging attack on forces by a “violent mob”. Contesting this version, fathers of both civilians killed approached the police and submitted that their sons were killed in unprovoked, targeted firing. Police refused to file an FIR with this version of events, and so they approached the Chief Judicial Magistrate, Budgam, who directed, in separate orders, that while the second FIR may not be registered, the police take into consideration the version of the family members of the killed civilians while carrying out investigations. On the refusal of the police to record any statements, the father of Abbas Ahmad Rather again approached the court (Judicial Magistrate, Budgam) that directed the investigating officer (Ali Mohammad Dar, Deputy Superintendent of Police, SDPO, Chrar-i-Sharief) to appear in court. The investigating officer chose to disregard the direction for appearance and the court then, on 17 April, once again directed that the statements of the family members be recorded. Today, while initially arguing that recording of statements was the prerogative of the police, the prosecution officer stated that the statements would be recorded and sought time which was granted till 26 May.

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