HC directs IGP to file report on SIT constitution

WAMIQ FAROOQ CASE

D A RASHID

Srinagar, July 25: A local court on Wednesday directed the Inspector General of Police (IGP) Kashmir to respond in a week about the steps taken by him in constituting Special Investigation Team (SIT) to probe the death of Wamiq Farooq, a class 7th student who was allegedly killed by a teargas shell at Rajouri Kadal on January 31, 2010.
 Court of Chief Judicial Magistrate Srinagar, Rajeev Gupta, passed the direction after counsel for the complainant, Ajaz Ahmad Dar, pleaded before the Court that in terms of the order passed by Sessions Court Srinagar wherein the Revision Petition of the State seeking directions for halting the proceedings of trial court was dismissed, the IGP Kashmir should be directed to appear before the trial court.
 “Before taking any coercive directions to force implementation of the order, I feel it proper to ask the concerned agency (IGP Kashmir) to respond about the steps taken by him in constituting SIT to investigate into the matter” the CJM ordered.
 The Court directed Deputy Director Prosecution Saddar Court Srinagar to convey the copy of the order to IGP Kashmir immediately.
 The Principal Sessions Judge, Srinagar, Kaneez Fatima while dismissing the revision petition of the State had held that the order passed by the Chief Judicial Magistrate Srinagar was interlocutory saying the revision petition of State is not maintainable.
 In the Criminal Revision Petition filed by the state through IGP Kashmir, it was submitted that the order passed by the CJM Srinagar was out of sync with the provisions of law and the trial court could not direct the personal appearance of a high ranking officer.
 The state through the CRPF had contended that the trial court had not initiated the contempt proceedings against the IGP Kashmir and the direction for the personal appearance was unwarranted and illegal and without jurisdiction. 
  The CJM Srinagar on October 18 , 2012 had directed the IGP Kashmir to follow its earlier orders in Wamiq Farooq case 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 as the state had chosen to move Supreme Court to challenge the trial, appellate and High Court orders in Wamiq Farooq case.
 The CJM Srinagar in his order had held that there were precise reasons to constitute a Special Investigating Team to collect scientific evidence in Wamiq Farooq case.

Lastupdate on : Wed, 25 Jul 2012 21:30:00 Makkah time
Lastupdate on : Wed, 25 Jul 2012 18:30:00 GMT
Lastupdate on : Thu, 26 Jul 2012 00:00:00 IST




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