2 Cops jailed after 5 years for killing Wamiq Farooq

Five years after killing of a 13-year-old boy Wamiq Farooq in tear gas shelling by the cops, two policemen allegedly involved in the minor’s killing were jailed on Tuesday after they surrendered before a local court, here.

The accused cops- ASI Abdul Khaliq Sofi and constable Mohammad Akram – surrendered by Court of Forest Magistrate BA Munshi today.

The court had last week issued arrest warrants against the accused cops for their involvement in killing of Wamid and had directed SSP Srinagar to ensure their presence in the court today.

Forest Magistrate BA Munshi said the accused persons are involved in heinous offence and hence cannot be released on bail at this stage and the trial of offence under 304 can be done exclusively at session’s court.

The court jailed the duo and sent them to Central Jail, Srinagar till December 3. However, the court gave them liberty to approach the Court of Principal Sessions Judge for bail.

Earlier, Advocate Aijaz Ahmad Dar on behalf of the victim family argued that the accused persons cannot be released on bail as they are involved in the heinous offence. Without filing formal bail application, counsel of accused cops – Advocate Fayaz Ahmad Bhat prayed for release of the on bail as the duo was ready to face the trial.

Wamiq, a 7th standard student, was killed on January 31, 2010 when a teargas shell allegedly fired by the police hit him near near Gani Memorial Stadium at Rajouri Kadal in downtown Srinagar. His killing was one of the reason that triggered six-month long unrest in the Valley in 2010. Over 120 people, mostly youth, were killed in police and paramilitary forces action during the unrest.

In 2013, Chief Judicial Magistrate (CJM) had issued arrest warrant against the cops and asked directed Inspector General of Police (IGP) Kashmir to present the accused in court.

The then CJM Rajeev Gupta had observed that culpable homicide not amounting to the murder as defined under section 299 of RPC, punishable under section 304 (part 2nd) of RPC, is disclosed against ASI Abdul Khaliq Sofi and SPO Mohammad Akram and they are required to stand charge under the provisions of CrPC.

The police had initially refused to take cognizance and file FIR against the cops. However, the boy’s father, Farooq Ahmad, filed a complaint before the CJM on February 15, 2010, seeking directions to police to register an FIR against the accused ASI, Abdul Khaliq, and SPO Mohammad Akram, for offences under section 302 RPC.

The police challenged the order by filing a revision petition in Principal and Sessions Court and High Court. However, both the courts upheld the orders passed by the CJM and SIT was constituted to probe the killing. It (SIT) submitted the report on April 24, 2013.

ASI Khaliq had approached Supreme Court against the ongoing trial in Srinagar court. However, his objection was rejected twice by the apex court.