Srinagar: The J&K High Court has returned record to Chief Judicial Magistrate Srinagar pertaining to trial against 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.
“While awaiting the decision of Supreme Court in the matter, Registry to return the record to the trial court,” a bench of Justice Muzaffar Hussain Attar said and posted on the case December 22.
The court was hearing a petition filed by the ASI Abdul Khaliq, seeking quashing of proceedings before the trial court.
Last month, the apex court sought ‘outcome of deliberations’ of the SIT into the boy’s killing and asked state government to inform about it within six weeks.
After Wamiq’s death, the police refused to take cognizance, prompting his father Farooq Ahmad to file a complaint through his counsel advocate Aijaz Ahmad Dar before the CJM on February 15, 2010, seeking directions to police to register an FIR against the accused.
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 Sections 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 investigation by Judicial Magistrate (Passenger Tax & Electricity Srinagar). The Magistrate submitted his inquiry report on November 26, 2010.
The CJM, however, on February 5, 2011 directed the IGP Kashmir to constitute a SIT to be headed by an officer not below the rank of SP.
The police, however, 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 had 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 to hitting of tear smoke shell.
Subsequently, the court issued non-bailable arrest warrants against the ASI and SPO after prima-facie finding the duo guilt of “culpable homicide not amounting to murder. The warrants have not been executed so far despite being issued by the trial court several times.