Kashmir:Zahid Farooq case Update

From Greater Kashmir

ZAHID FAROOQ KILLING

SAMAAN LATEEF

Srinagar, Oct 25: Emphasizing that the reasons in paramilitary BSF’s plea for transfer of Zahid Farooq case to border security force court were short of reason, counsel for complainant Monday pressed for cancellation of the plea.
 While completing his argument in the teenagers killing case before Chief Judicial Magistrate, Yashpal Bourney here, counsel for complainant Nazir Ahmad Ronga said the BSF’s plea was short of reason and satisfaction. “The force’s officer has mentioned single line in the plea that he wants to trial the case in BSF court without giving any reason. Hence the application is liable to be cancelled,” Ronga submitted before the CJM.
 On April 6, the BSF through Deputy Inspector General (DIG), Brig (Retd) R M Painuly, had moved an application before the CJM, seeking stay in the civil proceedings and transfer of case to the BSF court under section 80 of BSF Act of 1989.
 Contending the claims of BSF, Ronga said Section 47 of BSF act was clear about the offences which cannot be tried by Security Forces Court and included murder, culpable homicide not amounting to murder and rape of a person who is not subject to BSF Act. 
 He said the BSF had waved their option for the trial of the accused in the favour of the ordinary Criminal Court after it voluntarily handed over the accused to the police authorities. BSF was made aware that the accused have committed a murder of an innocent boy, who was not subject to the BSF Act, he said.
 Court listed the case for further hearing on November 2.
http://www.greaterkashmir.com/news/2010/Oct/26/-bsf-plea-about-case-transfer-short-of-reason--39.asp