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SC orders exhumation, autopsy of Kashmiri youth’s body


New Delhi: The Supreme Court on Friday said exhumation and post-mortem examination of the body of Shabir Ahmed Mir will be conducted under the supervision of Srinagar’s Principal District and Sessions Judge.

Mir, 26, was allegedly shot dead by Deputy Superintendent of Police Yasir Qadri during a police raid on his residence in the wake of ongoing protests in Kashmir Valley after the July 8 killing of Hizbul Mujahideen commander Burhan Wani.

Recalling their observation in the course of the hearing of the matter on August 9 that there should be a healing touch in the handling of the matter, a bench of Justice Pinaki Chandra Ghose and Justice Amitava Roy said that all work should be done with love and affection.

Directing the next hearing of the matter on September 5, the bench said that it would be a decision of the Principal District and Sessions Judge of Srinagar on who would be present at the time of exhumation and post-mortem of the body.

The bench also sought report on the compliance of its orders on the next date of hearing as it perused the report by the Jammu and Kashmir Police on the incident ordered by it in the last hearing on August 9.

The bench said that it would be the Principal District and Sessions Judge who would take final call as to who would be present during the exhuming and post-mortem of Mir, after senior counsel Kapil Sibal, appearing for the deceased’s father Abdul Rehman Mir, urged the court that Deputy Superintendent of Police, who has allegedly killed the youth, should not be present.

Agreeing with Sibal that effort should be to get at the truth, the Attorney General said: “We should get at the bottom of the truth. I agree it should be free and impartial.”

As the Attorney General said that he was ready for any condition that the court may impose, Sibal said that “transparency and confidence will send the right message”.

The Jammu and Kashmir government has moved the apex court challenging the state High Court’s order directing initiation of contempt proceedings against the state Inspector General of Police (IGP) and the Senior Superintendent of Police (SSP) for their failure to lodge fresh FIR against the Deputy Superintendent of Police as ordered by the Srinagar Judicial Magistrate.

The apex court had on August 9 put on hold the contempt proceedings against the IGP and SSP.

Mir’s father had filed complaint that his son was killed by Qadri on July 10 as his son tried to intervene after his mother was allegedly assaulted during her questioning by the police.

Mir had intervened after the DSP, along with other policemen, entered their house and assaulted his mother. He was then allegedly shot by the DSP.

A Srinagar Judicial Magistrate had on July 18 ordered registration of fresh FIR against Qadri over the killing of Mir. He had also directed that the case would be investigated by an officer who was not below the rank of DSP.

The state high court, while rejecting the state government’s plea against the Judicial Magistrate’s order, initiated contempt proceedings and asked both the Inspector General of Police, Kashmir and the Senior Superintendent of Police, Srinagar, to appear before it.


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