Wamiq Farooq case: Court dismisses police petition

Srinagar: The Principal District and Sessions Court Monday dismissed criminal revision petition filed by police, challenging the directions by CJM to constitute SIT to clear contradictory versions into the killing of teenager Wamiq Farooq last year.
City correspondent  that the Sessions Judge, Bansi Lal Bhat dismissed the revision petition with the observation that SIT ordered to be constituted by the Chief Judicial Magistrate (CJM) shall be in place within one week, relieving the In-charge Officer of his duties.
“The investigation shall be conducted within two months without failure. The SIT shall be at liberty to register fresh FIR in regard to death of deceased caused by a tear smoke shell fired by the police party,” the court directed.
The court directions followed the observations that the investigation was merely step towards bringing the offender to justice. “It is only means to achieve an end and not an end itself. Ultimately determination of guilt or innocence lies in the judicial domain and the magistrate is equipped with the necessary armaments to ensure all stages including the stage of investigation that the justice does not get derailed at the hands of the investigation agency itself by not conducting investigation in a fair and transparent manner.”
With regard to the police claims that CJM had exceeded his jurisdiction while issuing slew of directions to the police with regard to SIT, the court said that a magistrate empowers to take cognizance under section 190 CrPC in a cognizable offence. “This power can be exercised if the efforts of aggrieved party to lodge an FIR are thwarted for one or the other reason.
“The magistrate is also authorized to give necessary directions to the investigating agency in regard to the conduct of investigation.”
Pertinently, soon after Wamiq’s killing on January 31 last year, his father, Farooq Ahmad Wani, had filed a complaint before the CJM seeking directions to police to register an FIR against the accused Assistant Sub Inspector Abdul Khaliq for offences under section 302 RPC.
In one report, the police had termed the teenager as a “miscreant” while in another it said that a departmental inquiry was on and the erring cop had been placed under suspension. However, Wamiq’s father in his application had termed his son as innocent and maintained that he was killed by police. On different versions of the case, the CJM had directed police to constitute SIT, to be headed by SP ranked officer, on February 05 last. The father of the slain youth was represented by advocate.