Srinagar: A court here on Monday issued fresh non-bailable arrest warrants against an Assistant Sub-Inspector and a Special Police Officer (SPO) accused in the killing of 12-year old boy Wamiq Farooq in downtown Srinagar in 2010.
The order by Chief Judicial Magistrate Srinagar Verinder Singh Bahu followed submission by District Police Officer (DPO) that the warrants could not be executed as one of the accused, ASI Abdul Khaliq Sofi, was on leave.
“Reply filed by DPO regarding the non-execution of warrants is not satisfactory as presence of accused is imperatively required for further proceedings,” the court said.
The police had not even moved an application for seeking more time for execution of the warrant , the court observed.
“In this backdrop non-bailable warrants of arrest are issued against accused for procuring their attendance and same be sent to Inspector General of Police Kashmir for getting executed without fail,” the court added, posting the case for further consideration on March 14.
Wamiq’s father and complainant in the case, Farooq Ahmad, was present before the court along with his counsel advocate Aijaz Ahmad Dar.
Wamiq, a 7th standard student, was killed on January 31, 2010 when a teargas shell fired by the police hit him on the head near Gani Memorial Stadium at Rajouri Kadal here.
On Tuesday last, 2nd Additional District and Sessions Judge Srinagar had upheld the August 22, 2013 order by the CJM, issuing non-bailable arrest warrants against the ASI and the SPO Mohammad Akram.
On August 22 last year, the CJM had directed Inspector General of Police, Kashmir Zone, to execute the warrants after prima-facie finding them guilt of “Culpable Homicide not amounting to murder” against the duo.
“They are required to stand charge under the provisions of CrPC. Accordingly, process is directed to be issued against the two accused requiring them to attend the court.”
After Wamiq’s death, as the police refused to take cognizance initially, his father Farooq Ahmad filed a complaint before the CJM on February 15, 2010, seeking directions to police to register an FIR against the accused for offences under section 302 RPC.
The complaint was referred by the court to the IGP who reported back on February 20, 2010 that the matter was already under investigation in FIR 12/2010 under section 307, 148, 149, 336, 353 RPC at Police Station Nowhatta.
According to the CJM, the facts unravelled in the FIR revealed that some “miscreants had tried to set ablaze a police vehicle” amid heavy stone pelting and the police had to resort to smoke shelling. Later on, it was found that one boy Wamiq Farooq received injuries and succumbed to his wounds at SKIMS, Soura here.
Subsequently, the CJM on May 11, 2010 ordered a detailed by Judicial Magistrate (Passenger Tax & Electricity Srinagar). The Magistrate submitted inquiry report on November 26, 2010.
The CJM, however, on February 5, 2011 directed the IGP, Kashmir to constitute Special Investigation Team (SIT) to be headed by an officer not below the rank of SP.
The police challenged the order by filing a revision petition in Principal and Sessions Court and the High Court. However both Sessions as well as High Court upheld the orders by the CJM and SIT was constituted and it submitted report on April 24 last year.
In its report, the SIT, the CJM observed, does not rule out the possible cause of Wamiq’s death due to tear gas shell, apart from other reason being fall from the Gani Memorial Stadium wall.
The CJM also found that there was nothing on record from medical evidence which would completely rule out the possibility of death of the boy due hitting of tear smoke shell.