From The Rising Kashmir
Nov 17, 2010
Srinagar: A local court Monday deferred its decision on Border Security Forces plea, seeking stay in civil proceeding into the killing of teenager Zahid Farooq at Nishat on outskirts of Srinagar, till November 23.
Public prosecutor, Abdul Aziz Teli told Press Bureau of India that Chief Judicial Magistrate Srinagar, Yashpal Bourney, who was supposed to pronounce verdict today, deferred the decision till November 23.
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, the counsel for BSF had said that the accused BSF personnel opened fire in self-defense after attacked by a stone-pelting mob on the fateful day while as he maintained that the accused were on active duty. He also referred to BSF act and said that it had been incorporated to provide concurrent jurisdiction to the Security Force Courts in the case of civil offences.
The counsel for family said that the application moved by BSF was not maintainable because the offences for which the charges have been presented by the prosecution were exclusively triable by ordinary criminal court.
BSF Commandant RK Birdi and his sub-ordinate Lakhwinder Kumar are accused in killing Zahid Farooq in an unprovoked firing near teenager’s residence at Nishat in city outskirts on February 05 last.
In its 3-page charge-sheet, 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.
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, the counsel for BSF had said that the accused BSF personnel opened fire in self-defense after attacked by a stone-pelting mob on the fateful day while as he maintained that the accused were on active duty. He also referred to BSF act and said that it had been incorporated to provide concurrent jurisdiction to the Security Force Courts in the case of civil offences.
The counsel for family said that the application moved by BSF was not maintainable because the offences for which the charges have been presented by the prosecution were exclusively triable by ordinary criminal court.
BSF Commandant RK Birdi and his sub-ordinate Lakhwinder Kumar are accused in killing Zahid Farooq in an unprovoked firing near teenager’s residence at Nishat in city outskirts on February 05 last.
In its 3-page charge-sheet, 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.
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