Thursday, December 2, 2010

J-K govt files criminal revision petition in HC on BSF case

From Yahoo News
Thu, Dec 2 05:20 PM
Srinagar, Dec 2 (PTI) Jammu and Kashmir goverment today filed a criminal revision petition in the High Court against a lower court order of transferring the case related to killing of a teenaged boy involving a BSF Commandant and a constable to the General Security Forces Court (GSFC). The revision petition was presented before the High Court by Additional Advocate General Ali Mohammad Magray.
It is likely to be listed for arguments tomorrow. The state is seeking a revision of the order of Chief Judicial Magistrate (CJM) Srinagar Yashpaul Bourney, who on November 25 transferred the case to the GSFC. Upholding the BSF plea that the accused Commandant R K Birdhi and Constable Lakhvinder Kumar were on "active duty" when they killed 16-year-old Zahid Farooq in unprovoked firing in Nishat area of the city in February this year, Bourney had transferred the case to GSFC. In view of the notification issued by the Central government with regard to disturbed areas in the country, including Jammu and Kashmir, the security forces are to be treated as being on active duty in any part of these states, Bourney had said while announcing the order.
"The notification is for a period of three years and the instant occurrence has taken place within that period. This court has no option but to transfer the case to General Security Forces Court," the judge said.
Meanwhile, the BSF today issued orders to hold an internal inquiry against Birdhi and Kumar before starting their trial in the General Security Forces Court (GSFC). "The orders for conducting an internal inquiry into the incident leading to the death of the boy have been issued," BSF sources said.
An internal inquiry was mandatory in the cases which are taken over from civilian courts for trial in GSFC, they said. The GSFC is likely to be convened early next week to begin court martial proceedings against the accused Commandant and the constable, they said.
Irrespective of the outcome of the inquiry, the GSFC court will be convened for putting the accused personnel on trial.

No comments:

Post a Comment