Srinagar: A local court here on Saturday ordered constitution of Special Team to execute non-bailable arrest warrants issued 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.
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.
As the case came up for hearing before the Chief Judicial Magistrate Srinagar, Virender Singh Bahu, Senior Superintendent of Police Srinagar submitted report about the inquiry conducted against the Station House Officer Nowgam for failure to execute earlier warrant against the ASI—Abdul Khaliq, who is on earned leave.
The SSP said the non-execution of warrant against the ASI was due his non-availability as he has gone outside in connection with medical treatment.
Regarding the SPO, court was informed that warrant was forwarded to Principal Basic Recruit Training Course (BRTC) Talwara Jammu.
“No report has been furnished by the Principal nor has he tendered any explanation for non-execution of warrant which is contemptuous in nature and uncalled for,” the CJM observed.
On the occasion, Advocate Aijaz Ahamd Dar, representing family of the slain boy, demanded contempt proceedings be initiated against IGP Kashmir and also against SSP Srinagar for non-compliance of court directions issued from time to time as police has no authority to violate or fiddle with court orders.
However, the court turned down the plea, observing that at “threshold IGP cannot be hauled up for contempt, as there was no direction to IGP to execute the warrants.”
“SSP Srinagar has taken steps to ensure execution of warrants at all costs and even failure of SHO Nowgam to execute warrants against (Abdul Khaliq) cannot be faulted with,” the court said.
Observing that the ASI is not an absconder rather he is on the rolls of police department, the court said it cannot be a ground to proceed against him under section 512 CrPC (issuing lookout notice) or declaring him as proclaimed offender under section 87 of CrPC.
“He has proceeded on earned leave and had gone out of state without furnishing his particulars may be breach of civil service.”
Regarding the failure to execute warrants against the SPO, the court said principal was bound to execute warrant.
“In this back drop and in order to ensure presence of both the accused persons, once again fresh non-bailable warrants are issued against them and SSP Srinagar is directed to constitute a special team, who would go to Talawara and execute warrant with assistance of Principal of Talwara School, against (the SPO) and produce him in Court,” the court said.
It also directed the SSP to ascertain particulars of the ASI where he is undergoing treatment out of State and depute Special team there to execute warrant against him.
“Failure of SSP Srinagar to get the warrants executed would be viewed seriously and same may entail legal action also, as case is pending since long without any positive result and cannot be prolonged further merely to ensure presence of accused persons who are police officials well within control of police organization,” he court said and posted the case on June 4.
This year, the CJM had issued the non-bailalbe warrants against the accused police men on March 3 and 14 as well on April 2 and 16.
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.