From Rising Kashmir.Com
ISHFAQ TANTRY
SRINAGAR, FEB 23: In a major relief to BSF in Zahid Faroq murder case, High Court Wednesday vacated its own interim stay by allowing the General Security Force Court (GSFC) to record the evidence. However, the Court restrained it from taking final decision.
In its December 3, 2010 order, High Court had stayed the proceedings of GSFC.
As the case came up for hearing before Justice J P Singh this morning, the judge after hearing the arguments of State and BSF counsels permitted BSF appointed GSFC to proceed ahead and record the evidence.
“The respondents are allowed to proceed ahead and record the evidence. The final decision in the trial should not be taken”, Justice Singh observed and stated that the case be listed for next hearing as and when the bench is available.
The State was represented by Senior Additional Advocate General A R Magray while the BSF was represented by Additional Solicitor General, Government of India.
Zahid Farooq, a teenager from Brein, Nishat was killed on February 5 2010 when a BSF party passing through the area fired on a group of boys who had gathered on the road.
The accused BSF commander R K Birdi was formally arrested by SIT on March 4, while constable Lakhvinder, accused of shooting Zahid on the orders of his commandant, was handed over to SIT by BSF on February 10.
Subsequently, the case went to CJM Court Srinagar and the court on November 24 admitted the BSF application seeking transfer of the case to BSF appointed court besides custody of the accused BSF men. However, the State Government filed a revision petition on December 2 against the order and in its interim orders, the court had stayed the proceedings of General Security Force Court.
As the case came up for hearing before Justice J P Singh this morning, the judge after hearing the arguments of State and BSF counsels permitted BSF appointed GSFC to proceed ahead and record the evidence.
“The respondents are allowed to proceed ahead and record the evidence. The final decision in the trial should not be taken”, Justice Singh observed and stated that the case be listed for next hearing as and when the bench is available.
The State was represented by Senior Additional Advocate General A R Magray while the BSF was represented by Additional Solicitor General, Government of India.
Zahid Farooq, a teenager from Brein, Nishat was killed on February 5 2010 when a BSF party passing through the area fired on a group of boys who had gathered on the road.
The accused BSF commander R K Birdi was formally arrested by SIT on March 4, while constable Lakhvinder, accused of shooting Zahid on the orders of his commandant, was handed over to SIT by BSF on February 10.
Subsequently, the case went to CJM Court Srinagar and the court on November 24 admitted the BSF application seeking transfer of the case to BSF appointed court besides custody of the accused BSF men. However, the State Government filed a revision petition on December 2 against the order and in its interim orders, the court had stayed the proceedings of General Security Force Court.
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