Justice Mohammad Yaqoob Mir reserved the verdict till tomorrow.
The plea was made by the state's Additional Advocate General Mohammad Amin Rathore during the hearing of a petition filed by the Jammu and Kashmir government against CJM, Srinagar Masarat Shaheen's order to Srinagar SSP Amit Kumar to lodge an FIR against DSP Yasir Qadri and other police personnel for allegedly killing Shabir Ahmad Mir, a resident of Tengpora, at his residence on July 10.
The family of the deceased has contested the state's plea, claiming the killing to be a separate incident which had nothing to do with the FIR registered by the police.
Meanwhile, CJM, Srinagar has deferred the proceedings of the case till the High Court has pronounced its verdict.
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The CJM's court had on Saturday issued a non-bailable warrant against Kumar for non-compliance of its order to lodge an FIR against Qadri.
In his application, Abdul Rehman Mir, the father of the deceased, has alleged that Qadri, along with other police personnel, entered his house at Tengpora, Batamaloo at 6.45 pm on July 10.
"My wife tried to stop the police officer. But, infuriated by this, he assaulted us and hurled invectives at my wife.
"My son Shabir Ahmad Mir could not bear the beating of his parents and tried to rescue his mother from the clutches of the said police official and other police personnel. At this, the said police official flew into a rage and started beating my son. Thereafter, he fired two shots at my son with his pistol from point-blank range. He died on the spot," Mir has alleged in his application.