Wamiq Farooq Killing Police files criminal revision petition against CJM order

Srinagar: In a new twist to Wamiq Farooq case, involving killing of teenager due teargas shell allegedly fired by a cop last year, Police on Thursday filed a criminal revision petition in Principal District and Sessions Court against Chief Judicial Magistrate orders for constituting Special Investigation Team to investigate five aspects of the case including examining the witnesses.   The police challenged the orders on many grounds and prayed to allow the petition by setting aside the February 05 orders of the CJM Srinagar in the “interest of justice”  Quoting the docket from the Assistant Sub Inspector, the Inspector General of Police, Kashmir and SSP Srinagar, has maintained the slain youth was a miscreant.The police says that the respondent, father of the deceased teenager, filed two applications— one for obtaining report and lodging of FIR and second for the relief, on the same grounds as in previous request.  “Both applications filed by the respondent are not maintainable because already a case under FIR No 12/2010 P/s Nowhatta (against Wamiq Farooq) with respect to the same episode and occurrence and the investigation in the case is in progress so the court lacks jurisdiction for directing 2nd FIR on the same occurrence,” police said, adding, “the order under challenge has been passed by trial magistrate by exceeding his jurisdiction as it has no power and jurisdiction to prescribe mode of investigation and cannot play a role of investigating agency.”The police have termed the orders as “improper, erroneous and against prescribed provisions of Cr.Pc.”    On February 05, 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.The court, “after taking into account all relevant facts and circumstances”, tasked the SIT to examine the witnesses or persons claiming to have witnessed the incident with respect to points of firing of tear smoke shell and that of its hitting the victim—individually as well as collectively.The team was also supposed to draw the possible route—whether straight or parabolic— of the shell after being launched with aid of the ballistic experts.Besides, the SIT was required to study actual range and by drawing graph of the possible projectiles of the shell by test firing the same and also see the possibility of injury as seen of the deceased with the help of doctor.The SIT was also tasked to arrest and interrogate accused person (s), if necessary and “investigate any other aspect which is otherwise expedient to do in the arrest of justice and fair play.” 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, into the incident. Following the killing, the police officer, ASI Abdul Khaliq who fired the teargas shell, registered an FIR (No 12/2010 under section 307, 148, 149, 336 and 353 RPC) against the deceased, accusing the slain as miscreant. As police denied divulging any information to the family, father of the slain youth filed a complaint before the CJM on 27 March last year wherein he held on the basis of the eyewitness account that the police officer fired tear smoke shell from a distance 30-meters at the given time and place where two boys were playing carom. The teargas shell hit the teen and led to his instant death.