2010: Wamiq Farooq death case, Family’s application for transfer of revision petition allowed

KL Report

SRINAGAR

The application filed by the family of Wamiq Farooq seeking transfer of criminal revision petition was on Wednesday allowed by the principal district and session’s court Srinagar.

According to KNS correspondent the case will be now heard by 2nd additional district and session’s judge Srinagar. Wamiq, a teenager was killed allegedly by police when a tear smoke shell hit him on the head near Gani Memorial Stadium at Rajouri Kadal on January 31, 2010.

The Court has said that in the interest of justice to withdraw the revision petition from the court of 1st additional district and session’s judge Srinagar and assign the same to the court of 2nd additional  district and session’s judge Srinagar for its disposal under law. Last month the family of deceased teenager had filed against an order by Chief Judicial Magistrate Srinagar directing arrest of accused policemen.

“The application is accordingly allowed. Since the record has already been summoned from the court of 12st additional district and session’s judge Srinagar, same is directed to be sent directly to the transferee court before whom the learned counsel of the parties shall appear on December 18, 2013,” reads the court order a copy of which is in possession of KNS.

“The order dated 22-08-2013 passed by Chief Judicial Magistrate Srinagar, which is under challenge in terms of the revision petition, was squarely to be argued by the counsel for the accused but the 1st Additional Sessions Judge Srinagar is allowing the counsel to challenge the orders already dismissed by the higher courts in the case,” Farooq Ahmad, father of the teenager, had said in the application. There are a number of other grounds on which the family seeks transfer of the case. In January next year, the family is scheduled to observe 4th death anniversary of their departed son.

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