Srinagar: A court here on Friday 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 warrants were issued by Chief Judicial Magistrate Srinagar Verinder Singh Bahu after perusal of a report by Senior Superintendent of Police Srinagar that the warrants could not be executed as one of the accused, ASI Abdul Khaliq Sofi, “is on earned leave” while SPO Mohammad Akram “is undergoing training at Talwara STC in Jammu.”
“Report filed by SSP Srinagar (on behalf of Inspector General of Police Kashmir) is not satisfactory,” the court said.
Subsequently, the CJM issued the warrants against accused and directed the IGP Kashmir to execute them without fail under law.
“Failure to execute warrants would entail coercive means,” the court said and posted the case for further proceedings on April 2.
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 Class 7 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.
Earlier this year, 2nd Additional District and Sessions Judge Srinagar had upheld the August 22, 2013 order by the CJM issuing warrants against the ASI and the SPO Mohammad Akram so that the accused duo stands trial “for culpable homicide not amounting to murder”.
Subsequently, the court on March 4 last issued the fresh NBWs asking the IGP to execute the warrants by or before proceedings scheduled for today (Friday).
After Wamiq’s death, police refused to take cognizance prompting his father to file 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 (murder). 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 inquiry 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.