SC asks counsel to file reply
WAMIQ FAROOQ CASE
D A RASHID
Srinagar, May 4: The Supreme Court has asked the counsel representing Farooq Ahmad Wani father of Wamiq Farooq, the student killed in 2010 unrest in Kashmir, to file Vakalatnama and reply to the Special Leave Petition( SLP) filed by the Jammu and Kashmir government against the state High Court order.
“The case was listed before the court of Registrar, Sunil Thomas in Court no. 2 and Saurabh Singhal appeared on behalf of Wani,” Ajaz Ahmad Dar who appeared along with the Singhal in the case told Greater Kashmir.
He said it was the 2nd listing of the case and it has been posted now for the next hearing on July 28, 2012.
The apex court after condoning the delay period earlier, had stayed the order of Principal Sessions Court Srinagar wherein it had given liberty to the Special Investigation Team (SIT) probing Wamiq Farooq’s death to register a fresh FIR in the case.
The SC had already allowed the application of the state government seeking condoning of delay which had stretched to 84 days as the state government had not filed the SLP within the stipulated time.
The SLP has been filed by the state government against the order passed by the Jammu and Kashmir High Court upholding the directions of the Trial Court regarding the probe of Wamiq Farooq’s death.
The SC had posted the case for hearing before the Assistant Registrar on April 30, 2012 and Farooq Ahmad Wani, (victim’s father), has been asked to appear in person or through counsel and show cause as to why SLP as prayed by the state be not granted and stay granted be not confirmed.
Pertinently, Chief Judicial Magistrate (CJM) Srinagar on February 5, 2010 had directed the state government to constitute a SIT to be headed by an officer not below the rank of Superintendent of Police to investigate the death of Wamiq Farooq.
The government filed a revision petition against the order of CJM before the Principal Sessions Judge Srinagar and the Sessions Court upheld the Trial Court order.
The government then challenged the orders passed by the CJM and Principal Sessions Judge before the High Court which upheld both the orders.
The CJM on October 18, 2011 had directed the Inspector General of Police Kashmir to follow its earlier order, in connection with Wamiq Farooq case, within 4 weeks failing which he would have to appear before the Court to explain why action under law be 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 to challenge the trial, appellate and High Court orders.
On June 11, 2010 Wamiq Farooq, 12th class student, died after an alleged police teargas shell hit him in old city.
Lastupdate on : Fri, 4 May 2012 21:30:00 Makkah time
Lastupdate on : Fri, 4 May 2012 18:30:00 GMT
Lastupdate on : Sat, 5 May 2012 00:00:00 IST
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