Srinagar: A court here on Wednesday issued fresh non-bailable arrest warrants, fourth time in one and a half month this year, 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.
The court of Chief Judicial Magistrate Srinagar, Virender Singh Bahu, also directed Senior Superintendent of Police Srinagar to conduct an enquiry against Station House Officer Nowgam for failing to execute the earlier arrest warrants against the ASI—Abdul Khaliq, while as it asked Principal Subsidiary Training Centre Talwara Jammu to explain reason for failure to execute the warrant against another accused, SPO Mohammad Akram, who is undergoing training in the institute.
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.
On Wednesday, as the case came up for hearing, advocate Aijaz Ahmad Dar, representing the boy’s family, argued that IGP Kashmir has not complied with court’s directions issued from time to time regarding the accused cops. He submitted that even the IGP has not caused appearance as was directed by the court on April 2.
However, Chief Prosecution Officer (CPO) as well as senior PO opposed to Dar’s submissions and submitted that IGP has complied with the order of the court and has directed SSP Srinagar to ensure execution of warrants and appearance of the accused cops before the court.
The SSP, they said, has directed SHO Nowgam to execute warrant against the ASI while non-bailable warrants were sent to Principal STC Talwara for its execution regarding the SPO.
“IGP and SSP could not be hauled up for non-compliance of court directions. The IGP has also moved an application for exemption of personal appearance,” they said.
After perusal of the application, the court granted exemption to IGP Kashmir from personal appearance.
Regarding the grievance by complainant Farooq Ahmad, Wamiq’s father, about non-procuring of accused, the court observed that normally field staff of police and SHO concerned is the competent police officer to execute warrants issued by it.
“It appears that earlier IGP was commanded to execute the warrants. So it is not mandatory for the IGP to execute warrants personally rather has to ensure execution of the warrants. Further there is a line of hierarchy in the police department and IGP being head of the Kashmir Zone, has to act administratively to ensure that proper assistance is provided to the courts,” the CJM said.
In this backdrop, the CJM said, it is not IGP who can always be hauled up for not compiling with the directions of the court for executing process when there is a large number of subordinates under him to do needful.
“In this back ground, SSP Srinagar is directed to ensure execution of warrants against both accused, because the report filed by (SSP) is indicative of the fact that SHO concerned has not executed the warrants, nor the Principal concerned has executed the warrants,” the CJM said, directing the SSP to conduct an inquiry against the SHO Nowgam for failure to execute the warrant against ASI.
“Principal Talwara shall also tender explanation for his lapse to execute warrants against Mohammad Akram.”
Report of inquiry conducted by the SSP for lapse of SHO Nowgam, the CJM said, shall be communicated to the court before date fixed in the case on May 10.
The CJM also directed SSP Srinagar to execute fresh non-bailable warrants to SSP Srinagar by May 10.
This year, the CJM had issued the non-bailalbe warrants against cops on March 3 and 14 as well on last hearing on April 2 last.
On February 25 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 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.
The Sessions court dismissed the review petition, directing the police to go ahead and execute the arrest warrants by or before March 3.