SRINAGAR: The Principal and Sessions Judge, Srinagar, has directed Chief Judicial Magistrate here to proceed with the trial in Wamiq Farooq killing in line with Supreme Court of India’s directions.
Judge Rashid Ali Dar passed the directions after perusing a report and an order by CJM and 2nd Additional Sessions Judge Srinagar respectively.
In its report, the CJM submitted that the complaint filed by Wamiq’s father, Farooq Ahmad Wani, was pending before it as the arrest warrants issued to Assistant Sub Inspector of Police Abdul Khaliq and SPO Mohammad Akram have not been executed till date.
In its order on 2 February last year, the 2nd Additional Sessions judge had dismissed the revision petition filed by accused Abdul Khaliq and Mohammad Akram against the issuance of the warrants.
“From perusal of documents brought on record, it appears that the CJM Srinagar is required to proceed ahead in terms of directions passed from time to time in the complaint filed by the father of the deceased, Farooq Ahmad Wani, which include taking steps for production before him the accused namely Abdul Khaliq and Mohammad Akram,” the court said and directed the CJM to “proceed accordingly while having in view directions passed by the Apex court”.
It directed the CJM to submit report on August 10.
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 April 7, the Supreme Court asked the CJM here to proceed with trial uninfluenced by findings of Special Investigation Team (SIT) and observations of J&K High Court in the case.
The SC 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.
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 were travelling 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 SC had observed that perusal of the conclusions recorded by the 4-member SIT reveals the police have 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 SC 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 SC 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 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 unraveled 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 ASI Abdul Khaliq and SPO Mohammad Akram after prima-facie finding the duo guilty of “culpable homicide not amounting to murder.”