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Soura youth’s ‘torture to death’ case Police seeks time to file medical records

KT NEWS SERVICE. Dated: 6/21/2012 4:37:37 PM

SRINAGAR, June 20: The prosecution today sought time to file medical records pertaining to the death of Umar Bhat who according to his family was severely tortured by police before he breathed his last at Sher-e-Kashmir Institute of Medical Sciences (SKIMS) in August 2010 agitation.

According to advocate Shabir Ahmad, the counsel for Umar’s family, the Chief Judicial Magistrate (CJM) Srinagar granted time to police to furnish SKIMS medical records of the deceased youth by or before July 11.

In his complaint Umar’s father Abdul Qayoom Bhat, has said that his son was taken in custody on August 20, 2010 at 3 pm and beaten up severely in custody by police personnel in police station Soura and then left on August 21 evening at about 7 pm. He had further alleged that his son had suffered damage to some vital organs because of being beaten and had to be hospitalised on August 23 because of severe internal pain.

According to Bhat, his son was released on bail in August 21, at 7 pm and he was admitted at SKIMS on August 23, where he was kept on ventilator for two days and he breathed his last in SKIMS on August 25.

However, the Court, while quoting police report, has said that on August 20, then SHO police station Soura Abdul Majid Malik along with escort team had lifted three boys during patrolling on the allegations that they had been forcing shopkeepers at Sabzi Mandi Soura to close their shops. Police had admitted of arresting three youth including Umar in its report filed before the court saying: “When they did not respond to his appeals to shun their activities for avoiding breach of peace, the trio were booked under sections 107, 151 Cr.P.C and produced before the executive magistrate concerned on August 25, 2010 in good state of health.”

According to the Court it has been further reported by the police that all of the three were released on bail in the open court. “On the same day police had received information from their sources that Umar Qayoom has expired and there were rumours in the area that he was tortured by cops. This led to initiation of proceedings under section 174 Cr.P.C which has not been concluded till date, the police reports reads further, as quoted by the Court.

Concluding the merit of the case, the court had found that the enquiry was being conducted by same officer against whom there were serious allegations of torturing the deceased while in his custody. “The SSP should have taken note of all these facts and entrusted the enquiry to some other police officer, in order to guard the accusations being biased, interested and unfair conduct. It is the duty of the investigating agency to ensure that investigation is conducted in just, free and fair manner with promptitude,’ the court order of July 27, 2011 reads.

The court had further said that the enquiry officer has maintained a total silence about the complaint filed by the father of the deceased at the earliest and has not taken the trouble to contact and examine the doctors who attended the deceased with regard to the injuries
external, internal observed by them during the course of treatment and also to collect the record to that effect.

Pertinently, in its death summary report, the doctors of the SKIMS who treated Umar have reported: “ 17-year-old Bhat Umar son of Abdul Qayoom resident of Soura was admitted on 23-8-2010 in A/E with chief compliant of vomiting of blood subsequent to allegedly beaten by cops four days ago. X-ray chest was showing bilateral diffuse infiltrates.

CT scan chest was showing massive intrapulmonary hemorrhage. Both lungs were replaced with hemorrhage….in view of severe hypoxia patient was shifted to Special Intensive Care Unit for effective ventilation.”
On April 2, while pledging to continue his struggle for justice even if it takes his life, Bhat who lost his lone son said he is ready for exhumation of his son if the culprits are booked.

Ironically, twenty months have passed since his 17-year-old son Umar Bhat breathed his last at Shere-e-Kashmir Institute of Medical Sciences (SKIMS) where he was kept on a ventilator; the police is yet to register FIR in the matter.

According to advocate Shabir Ahmad Bhat: “In our petition we have sought registration of FIR and setting up of a Special Investigation Team of Police to probe the matter.” However, the prosecution is yet to file its final report in its proceedings in the incident,” advocate Bhat told Kashmir Times on phone. The father of Umar, had complained before the police, that his son was still struggling for life and was on life support system at SKIMS. (SB)