Srinagar: The High Court has issued notice to the government on a plea by family from Sopore area of north Kashmir’s Baramulla district, seeking copy of a magisterial inquiry report and filing of FIR into the alleged “custodial death” of their kin in September last year .
A bench of Justice Ali Mohammad Magrey has sought the response by May 12 after hearing advocate Shafaqat Nazir for the family which alleges that their kin, Irfan Ahmad Dar of Sidiq Colony Sopore, was killed in alleged police custody on the night of September 16 last year as against the official version that the 23-year-old’s body was found near a quarry at Tujjar-Sharief after he “escaped taking advantage of the darkness.”
In the petition filed by Irfan’s mother—Haja Begum, and his siblings— Tahira Akther (sister) and Javid Akbar Dar (brother)—the family has sought copy of the magisterial enquiry report conducted on the directions by District Magistrate Baramulla.
The family has also sought directions to the police to register FIR with regard to “killing of Irfan in Police custody” as well as “adequately compensation the kin of the deceased.”
The court has issued notice to government through Commissioner cum Secretary General Administration Department, Principal Secretary Home Department, Director General Of Police , Senior Superintendent of Police Sopore, S.H.O Police Station Sopore, SHO Police Station Bomai, District Magistrate Baramulla and Additional District Magistrate Baramulla (enquiry officer).
“Irfan Ahmad Dar was an ordinary shopkeeper running his Kiryana (grocery) Shop at Sidiq Colony Sopore. On 15.09.2020 at about 12:30 afternoon he was picked up from his shop by the personnel of
Special Operations Group (SOG) of J&K Police stationed at Sopore without any rhyme or reason and without following the procedure established by law,” the family says.
On the very next day, the family says, Irfan’s other brother, Abdul Waheed Dar approached the Police Station Sopore with a written application “with regard to incident of his brother having been lifted from his shop in broad daylight and kept in illegal custody by the personnel of SOG Sopore.”
A request was made to the concerned SHO to register an FIR in this regard, the family says.
After “public outcry and protests by the family members”, the petitioners say that the District Magistrate on 17 September 2020 passed an order under section 176 CrPC, ordering Additional District Magistrate to conduct a magisterial enquiry so as to ascertain causes and circumstances leading to Irfan’s death. “It was provided that the Inquiry Officer shall submit his report within a period of 20 days.” (GNS)