SRINAGAR: The high court on Monday dismissed a petition by an assistant sub-inspector of police who had requested that the proceedings against him in connection with the killing of 13-year-old boy Wamiq Farooq in 2010 shall be quashed.
The ASI, Abdul Khaliq, is one of the two police personnel against whom Chief Judicial Magistrate Srinagar has issued an arrest warrant.
As the hearing of the case started before a single bench of Justice Muzaffar Hussain Attar, advocate Aijaz Ahmad Dar produced a letter from Registry of Supreme Court, directing trial court to proceed ahead in the case.
Dar also informed the bench that Principal and Sessions Judge Srinagar, has already directed the CJM here to proceed with the trial.
Advocate M A Rathore, representing the ASI, pleaded in support of his contention, mainly arguing that the CJHM issued the warrants after filing of Special Leave Petition by the state before the Supreme court and as such was different.
“Perusal of the record would show that the trial court has not committed any illegality in issuing the process,” the court said and dismissed Khaliq’s petition as ‘meritless’.
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.
The apex court has already directed 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 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.
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.
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 the ASI Abdul Khaliq and SPO Mohammad Akram after prima-facie finding the duo guilty of “culpable homicide not amounting to murder.”