File transferred to sessions court for further trial, counsel reprimanded
SRINAGAR: The high court on Friday expressed dismay over delay in framing charges in Wamiq Farooq murder case before transferring the case file to sadder court Srinagar for consideration of bail application of the cops accused in the killing of teenager.
The Chief Justice Badar Durrez Ahmed directed that entire file shall be transferred to Principal District and Sessions Judge, Srinagar for consideration of bail application and other allied issues.
“There are no charges framed yet, how this case is going,” the chief Justice remarked.
Assistant sub-inspector of police Abdul Khaliq and Constable Muhammad Akram who are accused in the killing of Wamiq Farooq had moved a bail application through their counsel in the court of Chief Justice on Friday. The application was dismissed and transferred to the court of sessions judge Srinagar.
The accused cops have submitted two bail applications, which were dismissed. The cops are jailed for the past two years but no chargesheet has been framed against them till date.
On the previous hearing, the high court issued notice to father of Wamiq Farooq for his response to a petition seeking transfer of case from a Sessions Court here to the similar court in Jammu.
A petition filed by the accused pleaded that they have been threatened by Wamiq’s father and his counsel and they have no lawyer available to plead their case in the Srinagar court. They pleaded shifting of their case to Jammu High Court. However, the case was transferred to Srinagar lower court.
Earlier, the accused cops had filed a complaint before the Principal District and Sessions judge Srinagar that on December 28 last year during a hearing before court of Second Additional Sessions court Srinagar, they and their lawyers were threatened by victim’s father. However, Wani had vehemently denied the allegations.
“The fact of the matter is that they want to get the matter transferred outside the state and as such tried to create a ground for the same,” he said.
Advocate Ajaz Ahmad Dar representing Wani pleaded before the court that they have already tendered an apology before the sessions Judge regarding the issue “but this cannot be taken as ground for their bail application.”
The chief Justice on hearing the counsel said you cannot threaten lawyers and judges in courts. “I am transferring the case to Sessions Judge for further trial,” the chief Justice said.
Wamiq was killed after a teargas shell fired allegedly by police hit him on the head near Gani Memorial Stadium at Rajouri Kadal here on January 31, 2010. The police initially refused to file a report. However, subsequently on August 22, 2013, the Chief Judicial Magistrate here directed the policemen to face the trial. The cops turned up before the court of Forest Magistrate on December 1, 2015 and were sent to judicial custody.