Tufail Matoo’s killing: Court party hear plea against CB’s closure report

Srinagar: A court here party heard arguments in a petition against the ‘untraced’ closure report filed by Crime Branch into the killing of Tufail Matoo, the teenager who was killed due to teargas shell fired by police here on 11 June 2010.

The 17-year-old boy, who was returning home from a tuition center where he was studying for the medical entrance exam, died on the spot. His death triggered the uprising.

Advocate Mian Qayoom, president Kashmir High Court Bar Association, argued the case at length before Judge Small Causes (Srinagar) and referred to a number of Supreme Court and high court judgments in support of the contention against the closure report.

The family has raised as many as twelve contentions in support of demand for rejection of the report filed by the Crime Branch and fresh investigation by the “men who has expertise and skill and are honest and above board.” The case has been put up for further hearing on December 16.

In May 2015, the crime branch submitted a closure report as “untraced”, saying that there were three varied accounts of the eyewitnesses, official witnesses of police and expert opinion in the case.

“If they are taken in unison, it throws up a situation where there can be no conclusive culmination of investigation which would appear commensurate with the merits of the case,” the Crime Branch had said.

The investigation was handed over to Crime branch by High Court on 14 February 2014 after it quashed an order by Special Mobile Magistrate (PT&E) Srinagar on March 1 2013 by virtue of which the court had accepted closure report by the SIT of police.

“When an offence has been committed, it is the duty of the State to investigate the case fairly and expeditiously and ensure that the culprits are brought to justice. It has been stated more than once that until such time justice is meted out to the aggrieved persons, there will be no peace in the society,” the high court had observed in the judgment on February 14 2014. It had also observed that the SIT’s investigation was incomplete on many vital aspects and “it appears as if an attempt has been made to save certain police officials.”