Excelsior Correspondent
SRINAGAR, May 10: A local court today issued fresh non-bailable warrants against two cops accused of killing a minor during protests in the 2010 summer unrest in the Valley and directed the SSP Srinagar to constitute a special team for ascertaining the particulars and execution of warrants against accused cops.
Chief Judicial Magistrate, Srinagar V S Bhou directed that in order to ensure presence of both the accused persons, once again fresh non-bailable warrants are issued against both the accused persons.
Bhou directed SSP Srinagar to constitute a special team who would go to Talwara and execute warrants with assistance of Principal of Talwara School, against Mohammad Akram (SPO) and produce him in court.
With regard to another accused Abdul Khaliq (ASI) court directed the SSP Srinagar to ascertain the particulars of accused where he is undergoing treatment out of State and depute Special team there to execute warrants against the said accused and also produce him in court without fail.
The court has taken serious view against the Principal of Talwara School (Reasi) for taking the orders of the court as for granted and observed “warrants were forwarded to principal of that School for execution but no report has been furnished by Principal concerned nor he has tendered any explanation for non-execution which is contemptuous in nature.”
During the arguments counsel for complainant submitted that contempt proceeding be initiated against IGP Kashmir and also against SSP Srinagar for non-compliance of court directions from time to time.
“I have considered the enquiry report filed by SSP Srinagar, conducted against the SHO concern for not executing the warrants. I am of the view that SSP Srinagar has taken steps to ensure execution of warrants at all costs and even failure of SHO concerned to execute warrants against accused no.1 cannot be faulted with,” CJM said.
The prosecution counsel submitted before the court that accused no.1 (Abdul Khaliq ASI) is out of station in connection with medical treatment and presently on earned leave.
The court observed: “Accused is not an absconder, rather he is on the rolls of Police Department adversely that he has proceeded on earned leave and had gone out of state without furnishing his particulars may be breach of civil service.”
For ensuring the presence of accused persons before court, the court said, that as the case is pending since long without any positive result and cannot be prolonged further, merely to ensure presence of accused persons who are police officials well within control of police organization.
Wamiq Farooq, a class VII student, was killed on January 31, 2010 when a teargas shell fired from a close range by the accused policeman hit him on the head near Gani Memorial Stadium at Rajouri Kadal in the old part of Srinagar.
Soon after Wamiq’s killing, his father, Farooq Ahmad Wani had filed a complaint before the CJM seeking registration of an FIR under Section 302 RPC.
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