ZAHID FAROOQ KILLING: BSF PLEA SEEKING STAY IN CIVIL PROCEEDINGS

From Greater Kashmir
Srinagar, Nov 11: A local court on Thursday reserved its verdict on Border Security Forces plea, seeking stay in civil proceedings into the killing of teenager Zahid Farooq at Nishat on outskirts of Srinagar on February 5.  
 Sources told PBI that counsel for defence and prosecution completed their arguments before the court of chief judicial magistrate Srinagar, Yashpal Bourney. After hearing the contentions, the court reserved its verdict and listed the case on November 16.
 Earlier, in his arguments, counsel for BSF said the accused BSF personnel opened fire in self-defense after attacked by a stone-pelting mob on the fateful day. The counsel contended that the accused were on active duty. He also referred to BSF Act and said it had been incorporated to provide concurrent jurisdiction to the Security Force Courts in the case of civil offences. “In-fact, Sec 80 and 81 of the BSF Act have made suitable provisions to avoid a conflict of jurisdiction between the Criminal Courts and the Security Force Courts (Court Martial). Sec 80 provides that in the case of a civil offence where both the Courts have jurisdiction, the Director General or the Inspector General or the Deputy Inspector General will have the option to decide before which ‘Court’ the proceedings shall be instituted,” the BSF said, adding in the Zahid Farooq case, the DIG, BSF Srinagar while submitting application in the court had already exercised the option in terms of Sec 80.
 The counsel for family said 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.
 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.
 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.
http://www.greaterkashmir.com/news/2010/Nov/12/zahid-farooq-killing-bsf-plea-seeking-stay-in-civil-proceedings-46.asp