SRINAGAR: The Principal and Sessions Judge, Srinagar on Saturday directed trial courts as well as SSP Srinagar to submit report regarding the action taken in pursuance to the directions by the supreme court of India regarding Wamiq Farooq killing in 2010.
“In the light of material available before me, it is deemed expedient transmit the copy of the order of apex court to 1st Additional sessions Judge, 2nd Additional District and Sessions Judge, Chief Judicial magistrate Srinagar and also to SSP Srinagar with the direction to submit the report regarding the action taken in pursuance of the direction of apex court,” the Principal and Sessions Judge, Rashid Ali Dar said and posted the case for further consideration on July 9.
The court also directed Public Prosecutor Abdul Aziz Teeli to submit full particulars of the orders passed from time to time with regard to killing “so that further action is accordingly taken.”
The court passed the directions in light of a letter received by it from Supreme Court, directing compliance of its April 7 order.
Appearing on behalf of victim family, advocate Aijaz Ahmad Dar demanded that non-bailable warrants already issued by the Chief judicial Magistrate ordered to be executed by the IGP so that the proceedings in the case proceed.
On April 7, the Supreme Court asked the court here to proceed with trial uninfluenced by findings of Special Investigation Team (SIT) and observations of J&K High Court in the case.
The apex court had passed the direction while disposing of a special leave petition (SLP) filed by the government in 2012, challenging rejection of a revision petition filed by it in J&K high court against Sessions Court’s order directing registration of second FIR into the killing.
Wamiq, a Class 7 student, was killed alleged after a teargas shell fired by the police hit him on the head near Gani Memorial Stadium at Rajouri Kadal here on 31 January 2010.
On 19 March 2012, the Supreme Court had issued notice limited only to the direction given by the Sessions Judge Srinagar, giving liberty to the SIT to register a fresh FIR.
In the report, SIT concluded that on the day of incident, police party entered the area surrounding Gani Memorial Stadium to control the situation following stone pelting there.
“The gypsy in which police personnel was boarded was stopped near Masjid and the police party disembarked in order to chase the stone pelters and fired tear smoke shell. At the same time a death of a boy named Wamiq Farooq was reported which may have been due to fall from the wall of surrounding of Gani Stadium or the death could have caused by tear smoke shell itself,” the SIT concluded in its 26-page finding.
The apex court had observed that perusal of the conclusions recorded by the 4-member SIT reveals that the police has been found to be innocent in reference to the death of Wamiq Farooq.
“In the above view of the matter, the need to record a second First Information Report, by the impugned order passed by the High Court SLP (Crl.)No.2245/2012 on 09.08.2011 (affirming the determination rendered by the Principal Sessions Judge, Srinagar vide his order dated 02.05.2011) stands frustrated,” the apex court said and accordingly set aside the direction issued by the sessions judge.
“We have been informed that a trial is being proceeded with, on the basis of a private complaint on the same set of allegations, which were subject matter of consideration in the First Information Report under reference,” the apex court had said.
While disposing of the SLP, the court said: “Needless to mention, that the observations recorded by the courts below, as also the opinion expressed in the report submitted by the SIT, would not influence the determination of the ongoing complaint case.”
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, 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 2013.
CJM later issued non-bailable arrest warrants against Assistant Sub-Inspector Abdul Khaliq and a Special Police Officer (SPO), Mohammad Akram after prima-facie finding the duo guilt of “culpable homicide not amounting to murder.”
The ASI challenged the proceedings before High Court which called for records from Chief Judicial Magistrate Srinagar, the trial court. However, in November last year, the high court returned the record till the Supreme Court’s decision in the SLP.