From Greater Kashmir
Ramban court allows plea on court-martial proceedings
MUHAMMAD TASKEEN
Banihal, Dec 12: A Special Investigation Team of the J&K Police Thursday filed charge-sheet against six personnel of the 76th Battalion of Border Security Force, including two officers, in the Gool firing incident which led to killing of four villagers and injuries to 42 others on July 18 this year, in a local court at Ramban. The court however allowed the accused to be tried in court marital proceedings.
Earlier the BSF had communicated to the SIT that it would not allow the prosecution of its men in a criminal court but through the court martial proceedings. The challan was presented in the court of Chief Judicial Magistrate Ramban MR Chak against ASI Charanjeet Singh, ASI AK Brahma, Constable SK Sikdar, Constable D Shill, Constable S Sardar and Constable Manoj Kumar for murder and attempt to murder. The accused were booked in an FIR lodged on 18th July 2013 for “indiscriminately firing” upon people at village Dharam in Gool when they were protesting against the alleged desecration of Holy Quran. Four persons were killed and 42 others injured in the BSF firing.
When the charge-sheet was presented before the court, BSF officials moved an application seeking permission to try the accused through the court martial proceedings.
“On receipt of charge-sheet by this Court, the Officer Commanding concerned is required to be given an option in terms of Section 549 Cr. PC regarding the trial of the accused. Deputy Inspector General, BSF, has made an application through Dy. Commandant namely Manohar Lal presently posted at 76 BN at Dharamkund, Gool in terms of Section 80 of BSF Act 1968 read with Section 549 of the Code of Criminal Procedure requesting this Court to hand over charge-sheet along with the accused for being
tried before the Border Security Force court,” the Chief Judicial Magistrate, before whom the charge-sheet was filed, observed. It was also observed that the accused have been detained by the BSF authorities at Sunderbani and Deputy Inspector General of BSF has authorized his Deputy Commandant to collect the requisite documents including charge-sheet and seized property and custody of the accused present in the court.
“In view of the mandate of Section 549 Cr.P.C and in view of the written requisition made by Dy. Inspector General of BSF, the charge sheet alongwith accused present in the court are handed over to authorized officer for their trial before the Border Security Force court,” the Ramban court held.
MUHAMMAD TASKEEN
Banihal, Dec 12: A Special Investigation Team of the J&K Police Thursday filed charge-sheet against six personnel of the 76th Battalion of Border Security Force, including two officers, in the Gool firing incident which led to killing of four villagers and injuries to 42 others on July 18 this year, in a local court at Ramban. The court however allowed the accused to be tried in court marital proceedings.
Earlier the BSF had communicated to the SIT that it would not allow the prosecution of its men in a criminal court but through the court martial proceedings. The challan was presented in the court of Chief Judicial Magistrate Ramban MR Chak against ASI Charanjeet Singh, ASI AK Brahma, Constable SK Sikdar, Constable D Shill, Constable S Sardar and Constable Manoj Kumar for murder and attempt to murder. The accused were booked in an FIR lodged on 18th July 2013 for “indiscriminately firing” upon people at village Dharam in Gool when they were protesting against the alleged desecration of Holy Quran. Four persons were killed and 42 others injured in the BSF firing.
When the charge-sheet was presented before the court, BSF officials moved an application seeking permission to try the accused through the court martial proceedings.
“On receipt of charge-sheet by this Court, the Officer Commanding concerned is required to be given an option in terms of Section 549 Cr. PC regarding the trial of the accused. Deputy Inspector General, BSF, has made an application through Dy. Commandant namely Manohar Lal presently posted at 76 BN at Dharamkund, Gool in terms of Section 80 of BSF Act 1968 read with Section 549 of the Code of Criminal Procedure requesting this Court to hand over charge-sheet along with the accused for being
tried before the Border Security Force court,” the Chief Judicial Magistrate, before whom the charge-sheet was filed, observed. It was also observed that the accused have been detained by the BSF authorities at Sunderbani and Deputy Inspector General of BSF has authorized his Deputy Commandant to collect the requisite documents including charge-sheet and seized property and custody of the accused present in the court.
“In view of the mandate of Section 549 Cr.P.C and in view of the written requisition made by Dy. Inspector General of BSF, the charge sheet alongwith accused present in the court are handed over to authorized officer for their trial before the Border Security Force court,” the Ramban court held.
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