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| Wamiq Farooq case | | Petitioner seeks judicial enquiry | |
EARLY TIMES REPORT
JAMMU, May 1: Wamiq Farooq killing case took a new turn Saturday when the counsel for the petitioner sought a judicial enquiry into the killing on the basis of evidence produced by him. The Chief Judicial Magistrate (CJM) Srinagar is likely to announce his decision on May 8.
The counsel for the petitioner, GN Shaheen apprised the court of the developments that led to Wamiq's killing on January 31 at Bohri Kadal. "There was no stone pelting going on in the area when the incident took place. The area was calm. A police vehicle came and a tear smoke shell was fired without any provocation from the people present there. Wamiq who was on his way to Ghani Memorial stadium to play cricket was hit by the shell and died", he said.
Shaheen said the erring police official is liable to be prosecuted under Section 302 Ranbir Penal Code (RPC) for causing death of an innocent boy. He also read the statements of two eyewitnesses who had deposed before the court on April 16. Shabir Ahmad Khan and Ghulam Muhammad Bhat have stated that the police officer fired the fatal shell without any provocation.
"The court may go through the doctor's opinion, postmortem report and other documents produced by the petitioner", he pleaded. He said it was a case of murder and if the court and the police may be directed to file an FIR under Section 302 against the erring police officer. "If the court still wants to have a better understanding of the incident, it may be done through a magisterial enquiry", he submitted.
The public prosecutor strongly contested the arguments presented by the petitioner's counsel. It may be recalled the police in its report has stated that Wamiq was a habitual stone pelter and was pelting stones on the police when the smoke shell was fired.
The CJM reserved his judgement. It may be announced on May 8 when the case is scheduled to come up for hearing again.
Wamiq, a student of 11th standard got killed when a tear smoke shell hit him in the head near Bohri Kadal on January 31. The killing caused a stir across Kashmir. Violent demonstrations left hundreds of persons including scores of police men wounded.
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