Supreme Court - Daily Orders
State Of J & K vs Farooq Ahmad Wani on 7 April, 2015
Bench: Jagdish Singh Khehar, S.A. Bobde
SLP(Crl.)No.2245/2012 1
ITEM NO.6 COURT NO.4 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).2245/2012
(From the judgment and order dated 09.08.2011 in Case No.561-A
64/2011 passed by the High Court of Jammu and Kashmir at Srinagar)
STATE OF J & K & ANR Petitioner(s)
VERSUS
FAROOQ AHMAD WANI Respondent(s)
(With office report)
(For final disposal)
Date : 07/04/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s) Mr. Ashok Mathur, Adv.
Ms.Shilpa Dutta, Adv.
For Respondent(s) Mr.Manu Sharma, Adv.
Ms.Ridhima Mandhar, Adv.
Mr. Saurabh Ajay Gupta, Adv.
Upon hearing the counsel the Court made the following
O R D E R
While issuing notice, the Motion Bench on 19.03.2012 passed the following order:
“Delay condoned.
Issue notice limited only to the direction given by the learned Sessions Judge, Srinagar giving liberty to the SIT to register a fresh FIR in regard to the death of the deceased caused by tear smoke shell fired by the police authority.
In the meantime, operation of the said Signature Not Verified direction is stayed.” Digitally signed by Satish Kumar Yadav Date: 2015.04.08 16:11:06 IST Reason: It seems that the deliberations at the hands of the Special Investigation Team (hereinafter referred to as `the SIT') SLP(Crl.)No.2245/2012 2 remained ongoing. It is, therefore, that this Court, by its order dated 28.10.2014 directed the petitioners to place the outcome of the deliberations of the SIT on the record of this case. The aforesaid order has since been complied with and the Enquiry Report prepared by the Office of the Superintendent of Police Hqrs, Srinagar (I/C SIT) has been placed on the record of this case along with an additional affidavit of the Senior Superintendent of Police dated 06.12.2014. The conclusions recorded in the Report submitted by the SIT are being extracted hereunder:
“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 in which nafri was boarded 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 as described in Para
02 location of Gani Statidum or the death could have caused by tear smoke shell itself. However the police station has been done in due course and as per the situation on ground without prejudice or ill will.
The report consisting upon 26 leaves along with all the evidence/records with audio visual recordings of the statements and site are enclosed for kind perusal.” 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. 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 SLP(Crl.)No.2245/2012 3 on 09.08.2011 (affirming the determination rendered by the Principal Sessions Judge, Srinagar vide his order dated 02.05.2011) 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.
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.
The special leave petition is disposed of in the above terms.
(SATISH KUMAR YADAV) (RENU DIWAN) COURT MASTER COURT MASTER