Srinagar: Miffed over non-execution of arrest warrants against an Assistant Sub-Inspector and a Special Police Officer (SPO) accused in the 2010 killing of a 12-year-old boy from downtown Srinagar, a court here on Wednesday asked Inspector General of Police Kashmir to produce the duo before it or appear in person on next hearing in the case.
“Report on warrants issued against the accused has been filed by SSP Srinagar and the same is nothing but repetition of earlier report,” Chief Judicial Magistrate Srinagar Verinder Singh Bahu said, observing that the report reflects “nothing but delay tactics” by police to execute warrants against the accused.
“No plausible and satisfactory explanation has been tendered for non-execution of warrants, rather it appears that police intends to provide escape route to the accused persons from court appearance.
“This court is not satisfied with the report filed, and in order to procure attendance of accused, coercive means are imperatively required to be followed,” the court said.
The court issued fresh non-bailable arrest warrants against the ASI Abdul Khaliq and SPO Mohammad Akram.
“Same be sent to IGP Kashmir for getting executed on accused without any delay, and in case of failure to do so, IGP shall cause his appearance in court to explain his position as to why he be not proceeded for non-compliance of court direction,” the court said and posted the case on April 16.
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.
Earlier this year, 2nd Additional District and Sessions Judge Srinagar had upheld the August 22, 2013 order by the CJM, issuing non-bailable arrest warrants against the accused duo.
On August 22 last year, the CJM had directed IGP to execute the warrants after prima-facie finding the duo guilt of “culpable homicide not amounting to murder.”
However, before the warrants could be executed, the Sessions Court had stayed it pending the hearing in review petition filed by the duo.
On February 25, the Sessions court dismissed the review petition, directing the police to go ahead and execute the arrest warrants by or before March 3. Between March 3 and April 2, the CJM issued fresh arrest warrants on two occasions but police failed to execute them.
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 which submitted its 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.