Sessions Court stays trial Court order
NEXT HEARING ON DECEMBER 7
WAMIQ FAROOQ CASE
D A RASHID
Srinagar, Nov 24: The District and Principal Sessions Court Srinagar has stayed the trial Court order wherein it had directed the Inspector General of Police Kashmir to appear in person before the Court in the case of teenager Wamiq Farooq who was killed in last year’s unrest.
Hearing the case, the Principal Sessions Judge Srinagar, has called the trial court records and issued notice to Wamiq’s father Farooq Ahmad Wani for appearing before the Court.
In the Criminal Revision Petition filed by the Government through IGP Kashmir, it has been submitted that the order passed by the Chief Judicial Magistrate Srinagar has no provision of law which permits the trial Court to direct the personal appearance of a high ranking officer “without there being any fault on his part.”
“It is submitted that the order is premature and the trial court has presumed things and on the basis of such presumption the personal appearance has been ordered,” the petition states.
“The trial court has not till date initiated the contempt proceedings against the IGP Kashmir and issuance of the direction for the personal appearance is thus unwarranted and illegal besides being without jurisdiction. Even if it is assumed that the IGP Kashmir has committed contempt and contempt proceedings have been initiated against him, even then the trial court has no jurisdiction to try the contempt proceedings in view of the Provisions of Contempt of Courts Act 1997,” it states.
It further states that under these circumstances, the trial court is required to make a reference to the High Court for initiating contempt proceedings, if it appears to it that IGP Kashmir has committed any violation of court order amounting to contempt of court.
The CJM Srinagar on October 18 this year had directed the IGP Kashmir to follow its earlier order, in connection with Wamiq Farooq case, within four weeks failing which he was asked to appear before the Court to explain why action under law could not taken against him and other officials.
The Court had passed the order while rejecting the application moved by Deputy Director Prosecution to withhold the proceedings in keeping with the Government’s plea to move Supreme Court for challenging the trial, appellate and High Court orders.
The CJM had observed that there were precise reasons for constituting a Special Investigating Team to collect scientific evidence in connection with the case. “However, it had not been made possible as no SIT was constituted by the IGP Kashmir in terms of the order passed. Another option available before the Court would be to associate any other appropriate agency for collection of scientific evidence,” the Court had observed.
The Deputy Director Prosecution had submitted an application seeking withholding of the proceedings till approval was received from the government regarding submission of SLP before the Supreme Court.
Counsel for the complainant, Ajaz Ahmad Dar had urged the Court to take cognizance into the complaint even if Special Investigation Team was not constituted in terms of the orders passed by the CJM court earlier.
Lastupdate on : Thu, 24 Nov 2011 21:30:00 Makkah time
Lastupdate on : Thu, 24 Nov 2011 18:30:00 GMT
Lastupdate on : Fri, 25 Nov 2011 00:00:00 IST
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