Wamiq Farooq case: Court reserves order in police revision petition

Srinagar: A local court Friday reserved orders in criminal revision petition filed by police in connection with CJM orders in teenager Wamiq Farooq killing.    Correspondent said that after hearing public prosecutor and counsel for complainant, Principal District and Sessions Court Srinagar, Bansi Lal Bhat reserved order in the case. The order is likely to be pronounced on April 28 next. Earlier, the complainant counsel, advocate Aijaz Ahmad Dar prayed that the revision petition filed by the police be dismissed out rightly and the orders passed by the Chief Judicial Magistrate may be maintained in letter and spirit.   Referring to the section 437 sub section 4A in his arguments, complainant counsel said that the law states that the powers of revision conferred by the section shall not be exercised in relation to any interlocutory orders passed in any appeal, enquiry, and trial or under proceedings.“The trial court has not decided trial completely as yet and as such it is an interlocutory order,” he argued. The complainant counsel also agued that the article 21 of the constitution states that nobody can be deprived from his life and personal liberty except by the procedure established by the law. “Wamiq Farooq was a student and on the fateful day, January 31 2010, there was no stone pelting playing carom and the boy was killed without any provocation as established by the magisterial enquiry ordered by the trial court,” he said. The complainant counsel also cited a number of Supreme Court and High Court orders to prove his point.     On February 05 last, the CJM directed police to constitute SIT, to be headed by SP ranked officer, to clear contradictory versions into the killing while underlining that the occurrence was one and the same for which enquiry in the court and investigation by police were going on.  Subsequently, on March 10 last, police filed the criminal revision petition against the CJM orders for constituting SIT to investigate five aspects of the case including examining the witnesses.The police has challenged the orders and prayed to allow the petition by setting aside the February 05 orders of the CJM Srinagar in the “interest of justice”.The court directions had followed different versions by police and the complainant, father of the slain 13-year-old who died on 31 January last year.