WAMIQ FAROOQ CASE | HC grants last opportunity to counsel representing accused

The High Court on Wednesday granted last opportunity to the counsel representing accused police officials in Wamiq Farooq killing case to appear on July 29, the next date of hearing.

A class 7th student, Wamiq, died after he was hit by ateargas shell on his head, fired by police, during the 2010 mass unrest inKashmir.

   

A bench of Chief justice Gita Mittal granted lastopportunity to the counsel representing Abdul Khaliq Sofi who was an ASI andMuhammad Akram who was a constable when the offence took place in 2010, toappear on behalf of the accused.

The direction came after advocate Ajaz Ahmad Darrepresenting Wamiq’s family said the counsel for the accused has failed toappear for a few hearings.

“A twelve year old student has died and the trial of thecase stands nowhere. The family is waiting for justice and the delay is animpediment to it. Since 2010 the trial has not been started as the accused haveevading the process of law,” Dar told the Court.

The bench was hearing a plea with a criminal reference madeby the Principal Sessions Judge Srinagar vide his order dated 31 December 2015passed on the main criminal complaint.

Advocate Ajaz submitted that the reference can be made onlyin keeping with the provisions of law. “Reference normally in terms of section432 CrPC has to be made where the case involves the validity of any Act,Ordinance or any Provision contained in the Act or Ordinance, the determinationof which is necessary for just and fair trial or where the said Act or Ordinanceor the Provision contained in the Act or Ordinance is invalid or inoperativebut the same has not been so declared,” he said.

On 1 December 2015, the two accused police officials weresent by Forest Magistrate Srinagar to judicial custody in Central JailSrinagar. The Court of Principal Sessions Judge Srinagar granted bail to Khaliqon 16 December 2017 while Akram was granted bail by it on 12 February 2018.

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