Take action on available remedy within 3-weeks: Court to Govt
WAMIQ FAROOQ CASE
D A RASHID
Srinagar, Sep 26: Following the state’s move to challenge the orders passed by the Courts earlier in Wamiq Farooq case, the trial Court on Monday granted three weeks’ time to the state to take action on its available remedy.
“It is reported that the state is contemplating to challenge the order passed in the matter by this court and those passed by the higher forums and I feel it proper to allow some more time to the concerned to exercise any remedy available under law before the next date of hearing,” reads the order passed by the Chief Judicial Magistrate Srinagar on Monday.
The Court, however, said, “In case it is not done, the matter will be taken for further proceedings in this court (CJM Srinagar) as per procedure prescribed by law”. The court said the matter needs to be expedited in view of the peculiar facts of the case which invites special invitation of the court.
The counsel for the complainant, Ajaz Ahmad Dar, argued before the Court that it cannot grant further time to the state nor can the proceedings of the case be stopped unless there is some order for it from the Supreme Court.
He also argued that under section 2005(E) of Criminal Procedure Code ( CRPC ) there is a set procedure that both the complainant case and police investigation can simultaneously be run, so law provides no bar for it.
The counsel informed the Court that during last one and a half year no progress was seen in the investigation of the case and the investing officer has not even once got to the spot or recorded the statements of the witnesses.
He informed the Court that the Court of Chief Judicial Magistrate Srinagar had directed the state to constitute the Special investigation Team after the PNT Court submitted its report and the report was debated in the court.
Lastupdate on : Mon, 26 Sep 2011 21:30:00 Makkah time
Lastupdate on : Mon, 26 Sep 2011 18:30:00 GMT
Lastupdate on : Tue, 27 Sep 2011 00:00:00 IST
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