Srinagar: The J&K Chief Justice today held that the reference of Wamiq Farooq case by a subordinate court to the J&K High Court is outside the purview of the law.
Wamiq Farooq, the seventh grade student was allegedly killed after being hit by a tear-smoke shell in January 2010 in the downtown city. The shell was allegedly fired by Constable Mohamad Akram of the J&K Police on the orders of ASI Abdul Khaliq.
On 22nd of August 2013, the Chief Judicial Magistrate (CJM) Srinagar issued non-bailable arrest warrants against the accused. Prima-facie guilt of the accused was established based on a judicial inquiry and police probe. However, no arrests were made.
In November 2015, the Forest Magistrate Srinagar issued fresh non-bailable arrest warrants against the duo with a direction to the Senior Superintendent of Police (Srinagar) to execute the warrants and produce the accused before the court.
The two accused cops surrendered before the court. The policemen, after being found guilty of culpable homicide, were remanded to judicial custody and sent to the Central Jail Srinagar.
In February 2018, both were released on bail. Later, they filed two applications seeking transfer of the case from Srinagar to a court in Jammu region.
One of the transfer applications was filed on the grounds that the “complainant had threatened the accused”.
The second transfer application, alleged that the judges in Srinagar “despite enjoying the benefits of the state, are not dispensing justice to the accused who have been serving the national interest.”
Both the applications were challenged by Wamiq’s father through his counsel Ajaz Ahmad. The criminal transfer application was heard by the Chief Justice Pankaj Mithal.
The Chief Justice held that the reference in question is clearly outside the purview of Section 395 Cr.P.C (new) or Section 432 Cr.P.C. reference (old) and is not maintainable.
Accordingly, he disposed off the reference and directed the record be returned to the Principal Sessions Judge, Srinagar. The judge was directed to proceed further in the matter in accordance with law.
Section 432 Cr.P.C (old) and 395 Cr.P.C. (new) involve the validity of the Act or regulation or ordinance or provision contained in any Act, or which the subordinate court thinks as invalid or inoperative, and which it thinks is difficult to determine and refers it to the High Court.
