Srinagar, Apr 22: The Principal District and Sessions Court on Friday reserved the judgment till April 28 in the death of a 13-year-old Wamiq Farooq hit allegedly by a police teargas shell in old city  on January 31 last year.
 The Sessions Judge, Bansi Lal Bhat after hearing the arguments of public prosecutor and complainant’s counsel Aijaz Ahmad Dar reserved the judgment.
 Public Prosecutor, Abdul Aziz Teli while concluding his arguments sought dismissal of application of Wamiq’s parents seeking registration of FIR. “There cannot be two FIRs in one and same occurrence. Already one FIR (12/2010) has been registered by the police in the case and let Investigating Officer (IO) be directed to enquire the case in the same FIR,” Teli said.
 Pertinently, soon after Wamiq’s killing 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, and constable Muhammad Akram for offences under section 302-RPC.
 However, complainant’s counsel advocate Ajaz Ahmad Dar quoting a Supreme Court direction said two FIRs could be registered in same case if there were rival versions of complainant and Public Prosecutor.
 In one report, the police termed the teenager as “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 termed his son innocent and said he was killed by police. On different versions of the case, Dar impressed for parallel investigation.
 While challenging the revision petition filed by the police against CJM’s order for constitution of Special Investigation Team (SIT) headed by the Senior Superintendent of Police to investigate the case Dar said the revision petition should be dismissed. “The CJM’s order is interlocutory in nature as neither chargesheet nor accused were present before the court. Hence, revision petition should be dismissed,” Dar submitted.
 On Feb 6, court had asked Inspector General of Police (IGP) to constitute a Special Investigation Team (SIT) to clear the air on divergent claims surrounding the death of Wamiq. 
 Dar also said even after passing of one year the IO did not collect any evidence or presented accused before the court. Dar prayed that CJM’s order to constitute SIT should be implemented in letter and spirit.

Lastupdate on : Fri, 22 Apr 2011 21:30:00 Mecca time
Lastupdate on : Fri, 22 Apr 2011 18:30:00 GMT
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