HC rejects BSF plea

Asks Govt To Show Seriousness In Preparing Arguments

SAMAAN LATEEF

Srinagar, Dec 16: The High Court Thursday rejected the plea by paramilitary Border Security Force to allow it to carry out the proceedings in their court against its two accused officials involved in the killing of teenager Zahid Farooq.
 On December 2, state government filed a criminal revision petition in the High Court against the order passed by Chief Judicial Magistrate Srinagar on November 25, which had held that the accused BSF personnel were on "active duty" at the time of the incident by virtue of a notification issued by the Centre and were to be tried in the General Security Force Court.
 Subsequently, High Court stayed the GSFC proceedings pending the outcome of the revision petition.
 Today the court of Justice J P Singh while rejecting the plea of Assistant Solicitor General of India S A Makroo, representing BSF, said, “Mere notification will not mean active duty.”
 Besides, the court came down heavily on the state government and authorities of BSF asking them to show seriousness in preparing the arguments. Justice Singh asked the Additional Advocate General of State, Ali Muhammad Magray, and Assistant Solicitor General of India, S A Makroo, to prepare their arguments thoroughly.
 While adjourning the case till third week of January, Justice Singh said, "I want seriousness as the issue to be raised is virgin."
 Ali Muhammad Magray and S A Makroo told the court it was to ascertain whether or not accused were on active duty when Zahid was shot dead in Nishat earlier this year by the accused Commandant R K Birdi and Constable Lakhvinder Kumar.
 On Novmber 25, supporting the paramilitary BSF plea that the two accused were on ‘active duty’, the CJM Srinagar Yashpal Bourney ordered the transfer of the case to GSFC.
 The killing of 16 year old Zahid Farooq had evoked massive protests across the Valley. Under pressure, the Omar Abdullah government had taken up the killing with Home Minister P Chidambaram and it was only after the latter’s intervention that the BSF had admitted having “accidentally” killed Zahid.
 Subsequently, police filed the chargesheet against the two accused after two months of the killing.
 In its charge-sheet filed before the CJM the police charged them under the Ranbir Penal Code (RPC) Section 302 (murder). The duo was also charged under Section 120-B (criminal conspiracy), Section 201 (destruction of evidence) and Section 307 (attempt to murder).