Wamiq Farooq killing: Arrest warrants issued against 2 JKP cops
SRINAGAR; 23, Aug 2013: Finding “strong probability” of their involvement in the commission of offence leading to the death of a 12-year-old boy from downtown Srinagar in 2010, a local court here on Thursday issued non-bailable arrest warrants against two policemen—an Assistant Sub-Inspector and Special Police Officer.
The court of Chief Judicial Magistrate Srinagar, Rajeev Gupta, directed Inspector General of Police, Kashmir Zone, to execute the warrants and posted the matter for the attendance of the two accused on September 4.
“Culpable homicide not amounting to the murder as defined under section 299 of RPC, punishable under section 304 (part 2nd) of RPC, is disclosed against ASI Abdul Khaliq Sofi and SPO Mohammad Akram. They are required to stand charge under the provisions of CrPC. Accordingly, process is directed to be issued against the two accused requiring them to attend the court.”
Wamiq, a 7th standard student, was killed on January 31, 2010 when a teargas shell fired by the police hit him on the head near Gani Memorial Stadium at Rajouri Kadal here.
As the police refused to take cognizance initially, the boy’s father, Farooq Ahmad, filed a complaint before the CJM on February 15, 2010, seeking directions to police to register an FIR against the accused ASI, Abdul Khaliq, and SPO Mohammad Akram, for offences under section 302 RPC. 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 section 307, 148, 149, 336, 353 RPC at Police Station Nowhatta.
According to the court, the facts unravelled 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 court on May 11, 2010 ordered a detailed by Judicial Magistrate (Passenger Tax & Electricity Srinagar). The Magistrate submitted inquiry report on November 26, 2010.
The CJM, however, on February 5, 2011 directed the IGP, Kashmir to constitute Special Investigation Team (SIT) to be headed by an officer not below the rank of SP.
The police 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 and it submitted report on April 24 this year.
In its report, the SIT, court observed, does not rule out the possible cause of Wamiq’s death due to tear gas shell, apart from other reason being fall from the Gani Memorial Stadium wall.
The court also found that there was nothing on record from medical evidence which would completely rule out the possibility of death of the boy due hitting of tear smoke shell.
Rather, the court said, there was sufficient material to draw the conclusion that most likely the cause of injury on the head of Wamiq was due to the hitting of the shell.
“From the apparent perusal of evidence collected by Judicial Magistrate and the evidence collected by the SIT, such circumstances are spelled out which prima facie indicate to availability of evidence which points out to the culpability of ASI Abdul Khaliq Sofi and Mohammad Akram,” the court said.
“I find sufficient ground to proceed against Sofi and Akram as the circumstance collectively point out to strong probability of commission of offence by them.”
The victim’s family was represented in the case by advocate Aijaz Ahmad Dar.
The court of Chief Judicial Magistrate Srinagar, Rajeev Gupta, directed Inspector General of Police, Kashmir Zone, to execute the warrants and posted the matter for the attendance of the two accused on September 4.
“Culpable homicide not amounting to the murder as defined under section 299 of RPC, punishable under section 304 (part 2nd) of RPC, is disclosed against ASI Abdul Khaliq Sofi and SPO Mohammad Akram. They are required to stand charge under the provisions of CrPC. Accordingly, process is directed to be issued against the two accused requiring them to attend the court.”
Wamiq, a 7th standard student, was killed on January 31, 2010 when a teargas shell fired by the police hit him on the head near Gani Memorial Stadium at Rajouri Kadal here.
As the police refused to take cognizance initially, the boy’s father, Farooq Ahmad, filed a complaint before the CJM on February 15, 2010, seeking directions to police to register an FIR against the accused ASI, Abdul Khaliq, and SPO Mohammad Akram, for offences under section 302 RPC. 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 section 307, 148, 149, 336, 353 RPC at Police Station Nowhatta.
According to the court, the facts unravelled 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 court on May 11, 2010 ordered a detailed by Judicial Magistrate (Passenger Tax & Electricity Srinagar). The Magistrate submitted inquiry report on November 26, 2010.
The CJM, however, on February 5, 2011 directed the IGP, Kashmir to constitute Special Investigation Team (SIT) to be headed by an officer not below the rank of SP.
The police 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 and it submitted report on April 24 this year.
In its report, the SIT, court observed, does not rule out the possible cause of Wamiq’s death due to tear gas shell, apart from other reason being fall from the Gani Memorial Stadium wall.
The court also found that there was nothing on record from medical evidence which would completely rule out the possibility of death of the boy due hitting of tear smoke shell.
Rather, the court said, there was sufficient material to draw the conclusion that most likely the cause of injury on the head of Wamiq was due to the hitting of the shell.
“From the apparent perusal of evidence collected by Judicial Magistrate and the evidence collected by the SIT, such circumstances are spelled out which prima facie indicate to availability of evidence which points out to the culpability of ASI Abdul Khaliq Sofi and Mohammad Akram,” the court said.
“I find sufficient ground to proceed against Sofi and Akram as the circumstance collectively point out to strong probability of commission of offence by them.”
The victim’s family was represented in the case by advocate Aijaz Ahmad Dar.
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