The Jammu and Kashmir government today told the Supreme Court that the father of a 26-year-old youth, who first alleged that his son was shot dead at point-blank, later submitted before a judicial magistrate that he was leading protesters and rather received pellet injuries.
"In section 164 (recording of confessions and statements by judicial officer) statement (under CrPC), he (father of the deceased) admits that his son was leading a mob and the pellet guns were fired in which he (deceased) sustained injuries," the counsel for the state government told a bench comprising Justices Pinaki Chandra Ghose and Rohinton Fali Nariman.
The bench also asked Additional Solicitor General (ASG) Tushar Mehta to serve its notice to the deceased' father after it was told that it is yet to be done.
Abdul Rehman Mir had initially alleged that his son Shabir Ahmad Mir was shot dead by police at his home at point-blank on July 10, 2016.
The Jammu and Kashmir Police had claimed that he had died during protests in the Valley and the same view is now allegedly been endorsed by the father of the deceased.
During the brief hearing today, the ASG said that the apex court notice issued to deceased' father has not been served yet.
"You serve it first," the bench said.
At this, the counsel for the state said, "I (state) may be permitted to service the notice through the process server of the district judge, Srinagar" and sought four weeks time.
The ASG also said that as per the apex court directions, the body was exhumed and autopsy was conducted under the supervision of the district judge.
Earlier, the state government had termed as "unfortunate" the death of youngsters in the disturbances in the Valley and had claimed that the man was killed by pellet injuries and not shot at point-blank.
Earlier also, the state government had referred to the
autopsy report to buttress its point that the young man, who was allegedly killed at Tengpora in Batamaloo area of Srinagar on July 10, had died of pellet injuries.
Attorney General Mukul Rohatgi, appearing for state government, had then said that the post-mortem report belied the claim of the victim's father that he was shot by policemen from point-blank range.
On August 12, 2016, the apex court had ordered exhumation and autopsy of the body of Shabir under the supervision of the district and sessions judge.
Rohatgi had assured the court that the probe would have the highest level of transparency and the authorities would leave no stone unturned to get to the bottom of the case.
The court had given liberty to the district and sessions judge of Srinagar to have the assistance of officers of his choice for the impartial exercise of carrying out the autopsy and exhumation.
The apex court had observed that it was a serious matter and such a situation should be handled with a humane approach and extreme sensitivity.
It had earlier stayed contempt proceedings initiated against the senior superintendent of police and inspector general of police (Kashmir Range) for not lodging an FIR against the policemen, including a deputy superintendent of police (DSP), allegedly involved in the killing of Mir.
It had also issued notice to Mir's father on the plea of the Jammu and Kashmir government.
The chief judicial magistrate, Srinagar, had on July 18 directed the SSP to file an FIR against DSP Yasir Qadri and others on an application of Mir's father.
Later, contempt proceedings were initiated by the CJM for non-filing of the FIR against the police officers in connection with the incident.
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.
