Sessions Court dismisses Criminal Revision Petition
WAMIQ FAROOQ CASE
D A RASHID
Srinagar, July 3: The principal Sessions Court Srinagar on Tuesday dismissed the Criminal Revision Petition of the state seeking directions for halting the proceedings of the trial court wherein IGP Kashmir was asked to appear in person if the court directions were not complied with by the government in Wamiq Farooq case. Wamiq, a class 7th student was allegedly killed by a teargas shell near Gani Memorial stadium Rajouri Kadal on Jan 31, 2010.
The Principal Sessions Judge Srinagar, Kaneez Fatima dismissed the Criminal revision petition after hearing the public prosecutor representing the state and the counsel of the complainant.
After calling records from the trial court, the Principal Sessions Judge Srinagar had earlier stayed the order of Chief Judicial Magistrate Srinagar wherein the Inspector General of Police Kashmir was directed to appear in person before the Court if he failed to comply with the court orders.
In the Criminal Revision Petition filed by the state through IGP Kashmir, it was submitted that the order passed by the Chief Judicial Magistrate 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 “without there being any fault on his part.”
The state had submitted that the order of Chief Judicial Magistrate was premature and the trial court on the basis of presumption had directed personal appearance of the IGP Kashmir.
In the CrRP, the state 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 state had also contended even if it was assumed that the IGP Kashmir had committed contempt and contempt proceedings had been initiated against him, even then the trial court had no jurisdiction to initiate contempt proceedings in view of the Provisions of Contempt of Courts Act 1997.
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 court had held that there were precise reasons to constitute a Special Investigating Team to collect scientific evidence in Wamiq Farooq case.
The court had observed that it had not been made possible as no SIT was constituted by the IGP Kashmir in terms of the order passed.
Counsel for the complainant, Ajaz Ahmad Dar argued before the court that the state’s criminal revision petition was not maintainable as it was not based on solid grounds.
Lastupdate on : Tue, 3 Jul 2012 21:30:00 Makkah time
Lastupdate on : Tue, 3 Jul 2012 18:30:00 GMT
Lastupdate on : Wed, 4 Jul 2012 00:00:00 IST
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D A RASHID
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