NEW DELHI, Apr 9:
The Supreme Court has set aside the order of Jammu and Kashmir High Court directing the police to lodge an FIR against the cops over the death of a school boy alleged to have been hit by a teargas shell during their operation to quell a stone-pelting mob in 2010.
Wamiq Farooq, a class VII student, was reportedly hit by a teargas shell when protestors were pelting stones on the police near the Gani Memorial Stadium in old Srinagar.
The apex court relied on the report of a four-member Special Investigation Team (SIT), set up by a Srinagar sessions court, which “found the police personnel innocent” and that the boy’s death could have been due to a fall from the stadium wall or a teargas shell.
The Jammu and Kashmir Government had challenged this order of the High Court and directed the police to lodge a second FIR on the incident, particularly keeping in view the death of the boy.
The Supreme Court said there was already an FIR concerning similar allegations on a private complaint and the trial in sessions court was in progress.
While passing the order on April 7, the apex court noted its order of October 28 last year when it had directed the State Government to place the outcome of the deliberations of the SIT on this case.
“A perusal of the conclusions recorded by the four-member SIT reveals that the police has been found to be innocent, with reference to the death of the boy named, Wamiq Farooq,” a bench of Justices J S Khehar and S A Bobde said.
“In the above view of the matter, the need to record a second First Information Report, by the impugned order passed by the High Court on August 9, 2011 (affirming the determination rendered by the Principal Sessions Judge, Srinagar vide his May 2, 2011 order) stands frustrated.
“Accordingly, the direction issued by the Sessions Judge, Srinagar, which came to be affirmed by the High Court, to register a fresh FIR in connection with death of the aforementioned boy named Wamiq Farooq, deserves to be set aside. The same is accordingly set aside,” the bench said.
The bench, however, made it clear that the opinion expressed in the SIT report should not influence the determination of the ongoing private complaint on the same set of allegations in which trial has begun in the sessions court in Srinagar.
“We have been informed that a trial is being proceeded with, on the basis of a private complaint on the same set of allegations, which were subject matter of consideration in the First Information Report under reference.
“Needless to mention, that the observations recorded by the Courts below, as also the opinion expressed in the Report submitted by the SIT, would not influence the determination of the ongoing complaint case,” it said.
The apex court lent credence to the SIT report which said that “the police action has been done in due course and as per the situation on the ground, without prejudice or ill will”.
The SIT report also stated that Wamiq could have died either due to a fall from a high wall of a structure near the Gani Stadium or the death could have been caused by a teargas shell, but it could not be attributed to the local police.
The apex court took on record the SIT report which stated that “from all the relevant facts and statements of witnesses, it can be concluded that on the day of incident, there was stone pelting going on in the area and police party entered the area surrounding Gani Memorial Stadium to control the situation.
“The gypsy … Was stopped near masjid and the police party disembarked in order to chase the stone pelters and fired tear smoke shell.
“At the same time a death of a boy named Wamiq Farooq was reported which may have been due to fall from the wall of surrounding of Gani Stadium or the death could have caused by tear smoke shell itself,” the SIT report said. (PTI)
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