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Jammu Kashmir
Wamiq Farooq killing case
Arguments concluded, court reserves orders
KT NEWS SERVICE
"
SRINAGAR, July 4: A city court has reserved orders in Wamiq farooq killing case, after the prosecution and the counsel for the victim family concluded their arguments on police and enquiry magistrates’ reports.

“The court is scheduled to pronounce its orders on July 15,” Afaq Ahmad, the Chief Prosecuting Officer (CPO) Srinagar told Kashmir Times.

According to Advocate Aijaz Ahmad Dar, the counsel for the family of the deceased teenager, the parties in the matter concluded their arguments on the report filed by enquiry magistrate and Special Investigation Team (SIT) of Police in the matter.

In last week of April last, the SIT submitted its report concluding that the teenager has died either by falling from wall of Ghani Memorial stadium or may have died in an explosion caused by tear smoke shell.

Wamiq--a teenager died in January 2010 unrest, allegedly after being hit by a tear smoke shell at Rajouri Kadal in old city Srinagar.

According to his family’s counsel the SIT had maintained ambiguity in its report vis-a-vis cause of Wamiq’s death. “The SIT has said Wamiq may died after falling from the wall of Ghani Memorial Stadium in Rajouri Kadal or may have died in an explosion caused by tear smoke shell that fired by police. But civilian witnesses in the matter have negated police version that there was a law and order problem in the area that compelled them to fire tear smoke shell. The civilian witnesses’ police fired tear smoke shell intentionally,” advocate Dar.

Earlier on April 26, the SIT probing the killing of teenager had filed its investigation report before the court of Chief Judicial Magistrate (CJM) hearing the proceedings of the matter.

On January 22, the SIT had claimed to have examined and recorded statements of four witnesses in death of Wamiq--a teenager who died in January 2010 unrest, allegedly after being hit by a tear smoke shell at Rajouri Kadal in old city Srinagar.

“Pursuant to court of Chief Judicial Magistrate directions contained in order dated 17-12-2012 the Special Investigation Team (SIT) has carried out the investigation process as per directions of the court, as part of which the clarification of queries from Forensic Science

Laboratory (FSL) Jammu has been received and four persons claimed to be witnesses in the death of Wamiq Farooq have been examined and their statements have been recorded. The process has almost been completed and final report will be submitted before the court shortly,” read the status report submitted before court by the SIT head on January 22.

On September 8, 2012 the court had rejected the status report filed by SIT saying it was not coherent and in tune with orders passed by it especially on August 22, 2012. “Apparently it reflects from the opening paragraph of the status report that SIT is investigating into the FIR number 12 of 2010 of police station Nowhatta. It appears that either SIT officials are confused or not conversant with true import of the orders passed by this court especially that of August 22, 2012. May be the SIT officials have not been conveyed a mandate of their docket as was pointed out the SIT had to investigate into the case.

Circumstances particularly the death of Wamiq Farooq and not those arising of FIR 12/2010. It was clarified in the last order dated August 22, 2012 but still the order has not been complied with. Investigation of FIR 12/2010 serves no purpose,” read September 8, 2012 order passed by CJM in the matter.

The order added: “As such the report filed by the SIT is rejected. It is directed that the copy of order dated August 12, 2012 be provided to SIT officials for understanding the nature of investigation to be carried out into the matter....Copy of that order be sent to SP headquarters who is the head of the SIT through deputy director prosecution. The investigation be carried out within the ambit of that order.”

Before passing the order, advocate Aijaz the counsel for family of Wamiq had submitted that the SIT had called his client for recording of statements but number of material questions asked and replies rendered by the complainant have not been recorded by the SIT.

However, the court clarified in its order that the status report of SIT will be considered in light of the submissions made by counsel for the complainant. On August 22, 2012 the same court had directed the SIT to expedite investigations into the cause and circumstances which led to Wamiq. The SIT head was also directed to report before the court about the progress of investigations fortnightly.

On the same day, the court had also taken exception to the mandate of SIT assigned by the police observing that it appears that the SIT has been constituted for investigation of the case FIR 12/2010 of police station Nowhatta which again is not in consonance with the order of this court dated February 5, 2011.

“The import of the said order is not to investigate the case arising out of FIR 12/2010 but SIT constituted for the purpose of investigating into the circumstances which led to death of minor boy named Wamiq Farooq on January 31, 2010,” the court order passed on August 22, 2012 reads.


News Updated at : Friday, July 5, 2013
 
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