2010 teen’s death: SC quashes FIR against J&K cops

A bench of Justices J S Khehar and S A Bobde lent credence to the SIT report and nixed an order by the lower courts to register a separate FIR to investigate the circumstances leading to the death of the teenager when the police used tear shells to disperse a stone-pelting crowd.

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“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.

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,” held the bench.

The state government had moved the top court in appeal, contending that not only the trial court exceeded its authority in issuing directives to set up a Special Investigation Team and register a fresh FIR in 2010, the order was also legally untenable on merits.

A chief judicial magistrate had ordered the state government to constitute a SIT, to be headed by an officer not below the rank of Superintendent of Police to investigate the death of Wamiq.

By the time, the matter reached the apex court, the Special Investigation Team had been constituted in accordance with the orders of the trial court and its affirmation by the high court.

The apex court bench had on the last date asked the SIT to place its inquiry report before the court for its appraisal.

The SIT report stated that Wamiq could have died either due to a fall from a high wall of a structure near the Gani Stadium or the death could have been caused by a teargas shell but in no case, any malice could be attributed to the local police.

It placed record all the evidence with audio-visual recordings of the statements and the site.

The Supreme Court bench said that in view of the report by the SIT, the fresh FIR into the incident had to be quashed.

It, however, clarified that any other proceeding pending over this incident will not be impacted by the order quashing the fresh FIR or the findings recorded by the Special Investigation Team.