SRINAGAR: A trial court in Srinagar on Tuesday refused to consider a second bail application for constable Mohammad Akram, accused of involvement in Wamiq Farooq killing, citing reason that the accused has to get orders from J&K High Court.
The other accused assistant sub-inspector, Abdul Khaliq, was released on interim bail on 17 October, after J&K High court directed Principal District and Sessions Judge to proceed with the matter and consider the bail application if found well with the law.
On 01 December 2015, the court had sent the ASI and the constable to Central Jail Srinagar after a police probe into the killing of Wamiq Farooq, indicted the duo of culpable homicide not amounting to murder.
Rashid Ali Dar, Principal District and Sessions Judge, while rejecting the bail application remarked that the accused has to get orders from the High Court for consideration of bail.
Counsel Aijaz Ahmad Dar said that “detailed objections were filed before the court as this court has no powers to entertain the accused on bail”.
“On 31 January 2010, Wamiq was killed without any justifiable cause. There was no stone pelting or public disturbance going on at Gani Memorial stadium near Rajouri Kadal.”
“Youth were busy playing cricket and the deceased was also playing carom with three other boys. Some police personnel came down the vehicle and in no time, the then ASI (Khaliq) ordered the respondent No 5 (Mohammad Akram, who was working as SPO) to fire a tear smoke shell on Wamiq Farooq,” he said.
ASI Abdul Khaliq, who is on bail, has been directed not to leave the territorial limits of Kashmir without prior permission of the court. The court had granted bail to the accused on the condition that he shall not directly or indirectly make any inducement, threat or promise to any person or persons acquainted with the facts of the case.
The Supreme Court on April 7 had asked a trial court here to proceed with trial in Wamiq Farooq case.
The Apex Court had passed directions while disposing a Special Leave Petition by the government, challenging rejection of a revision petition filed by it in J&K High Court against the sessions court order directing registration of second FIR into the killing.