Court Asks SSP to File Action Taken Report by July 9
SRINAGAR: The Principal Session Judge, Srinagar Saturday asked SSP City to submit the latest report about the action taken into the case of Wamiq Farooq, a class 7 student killed during the summer unrest of 2010.
According to KNS, the Principal Session Judge Srinagar said, In the light of material available before me it is deemed expedient to transmit the copy of the order of the apex court to learned 1st Additional Sessions Judge, 2nd Additional District 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 the honble Apex court. Learned PP is also directed to submit full particulars of the orders passed from time to time with regard to the matter in hand so that full action is accordingly taken.
Pertinently, after Wamiqs 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 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, however, 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 last year.
In its report, the SIT, the CJM had observed, does not rule out the possible cause of Wamiqs death due to tear gas shell, apart from other reason being fall from the Gani Memorial Stadium wall.
The CJM also found that there was nothing on record from medical evidence which would completely rule out the possibility of death of the boy due to hitting of tear smoke shell.
Subsequently, the court issued non-bailable arrest warrants against the ASI and SPO after prima-facie finding the duo guilt of culpable homicide not amounting to murder. The warrants have not been executed so far despite being issued by the trial court several times.
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