Zahid Farooq killing: CJM to hear BSF plea on Oct 20

From kashmir press service
Srinagar, Oct 19: Chief Judicial Magistrate Srinagar deferred for further hearing in plea by Border Security Forces, seeking stay in civil proceedings into the killing of a teenager—Zahid Farooq by its men in Nishat area in outskirts of Srinagar on February 05 last. 
Counsel for family, Advocate Nazir Ahmad Ronga said that the CJM Srinagar, Yashpal Bourney recorded his arguments against the BSF plea today. “Among the other objections, we made it clear that was no question for trial by BSF court in this case for it falls beyond the purview of BSF Act because the accused were not in active duty at the time incident nor was there any protest or stone pelting as corroborated by police in its statement,” he said. 
As the Public Prosecutor, Abdul Aziz Teli was absent on account of personal engagements, the court listed the case for further hearing on October 20.        
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.
In his arguments on an earlier trail, the Public Prosecutor had also made similar arguments to that of Ronga and had argued: “As per the notification of government, they are here on duty but on the fateful day, they were not on actual duty.” “Had they been on Border or involved in law and order, the claim would have sustained. But there was no law and order situation in the area on the day, the question for trial in BSF court does not arise at all,” The Public prosecutor had said.  
BSF Commandant RK Birdi and his sub-ordinate Lakhwinder Kumar are accused in killing of Zahid Farooq in an unprovoked firing near teenager’s residence at Nishat in city outskirts on February 05 last.
In its 3-page chargesheet, the Special Investigation Team of police charged the BSF personnel under Section 302 of the Ranbir Penal Code (RPC), an offence punished with death, or imprisonment for life and fine.
 The duo has been also charged under Section 201 (destroying or tampering with the evidence) and Section 109 (abetment of offence).
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