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| Wamiq Farooq case: Court sends 2 cops to judicial custody till Dec 3 | | | Early Times Report
Srinagar, Dec 1: A local here Tuesday sent an Assistant Sub-Inspector and a constable to judicial custody at Central Jail Srinagar in connection with the 2010 killing of a boy Wamiq Farooq.
Wamiq, a Class 7 student, was killed after a teargas shell fired by the police hit him on the head near Gani Memorial Stadium at Rajouri Kadal here on January 31, 2010. His death triggered massive protests in the Valley.
"Having regard to the contentions raised by the parties, I am of the opinion that as the accused persons are involved in heinous crime and also of public importance, therefore, the accused persons cannot be released on bail at this stage," Forest Magistrate Srinagar, BA Munshi said after hearing advocate Ajaz Ahmad Dar, appearing on behalf of the slain boy's family, and advocate Bhat Fayaz, representing the accused-Abdul Khaliq Sofi (ASI) and constable Mohammad Akram who surrendered before the court on their own.
Advocate Bhat argued in support of granting the bail to the accused, saying that they were ready to face the trial. On the other hand, advocate Dar opposed to the bail, contending that they were involved in heinous crime and that due to their acts the trial has been delayed a lot.
Since the offence under section 304 RPC (culpable homicide not amounting to murder) is exclusively triable by court of sessions, the Forest Magistrate committed the case to the Principle Sessions Judge Srinagar and directed SSP Srinagar to produce them on December 3.
On August 22, 2013, Chief Judicial Magistrate Srinagar had issued non-bailable arrest warrants against Khaliq and Akram on the basis of a judicial inquiry and SIT probe-prima-facie finding them guilt of culpable homicide not amounting to murder.
The court had observed that policemen having weapons in their hands are expected to use them with proper care and caution and the police personnel on law and order duty are required to use only that much of force which is required to disperse the "unruly mob."
In its directions, the Supreme Court on April 7 this year had asked a trial court here to proceed with trial uninfluenced by findings of Special Investigation Team (SIT) and observations of the J&K High Court.
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 apex court 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 |
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