From Greater Kashmir
Srinagar, Mar 15: The General Security Force Court today began the process of recording evidence against a BSF commandant and a constable in the case related to the killing of a teenaged boy in Nishat area of the city last year.
“The presiding officer of the GSFC has issued summons to the civilian witnesses through SSP Srinagar for recording their statements,” a senior BSF official told PTI.
He said the recording of the evidence in the case, which was transferred to GSFC court from the civil court in November last year, will begin once police presents the civilian witnesses.
Sixteen-year old Zahid Farooq was killed in a firing incident by the troops of 68 Battalion of BSF on February 5 last year, which led to widespread protests and shutdowns in the Valley.
Although mystery surrounded the killing of the boy initially, Commandant of the Battalion R K Birdhi and Constable Lakhvindar Kumar emerged as suspects after police investigations and an internal inquiry by BSF.
While Kumar was handed over to police within six days of the incident, Birdhi surrendered before the police on March 4 last year.
In April, BSF had moved an application seeking transfer of the case to GSFC under Section 80 of the BSF Act, claiming that the accused personnel were on “active duty” when the incident took place.
Upholding the BSF plea, Chief Judicial Magistrate Srinagar Yashpaul Bourney transferred the case to GSFC in November.
However, the state government approached the High Court in December and got the proceedings of the GSFC stayed.
The state has sought directions from the High Court to set aside the CJM’s order pleading that the matter was triable in the civil court and the GSFC has no jurisdiction.
On February 23, the High Court in an interim order allowed the BSF to record evidence in the GSFC but directed it not to announce the verdict till the petition filed by the state government was decided.
http://www.greaterkashmir.com/news/2011/Mar/16/process-of-recording-evidence-underway-38.asp
Srinagar, Mar 15: The General Security Force Court today began the process of recording evidence against a BSF commandant and a constable in the case related to the killing of a teenaged boy in Nishat area of the city last year.
“The presiding officer of the GSFC has issued summons to the civilian witnesses through SSP Srinagar for recording their statements,” a senior BSF official told PTI.
He said the recording of the evidence in the case, which was transferred to GSFC court from the civil court in November last year, will begin once police presents the civilian witnesses.
Sixteen-year old Zahid Farooq was killed in a firing incident by the troops of 68 Battalion of BSF on February 5 last year, which led to widespread protests and shutdowns in the Valley.
Although mystery surrounded the killing of the boy initially, Commandant of the Battalion R K Birdhi and Constable Lakhvindar Kumar emerged as suspects after police investigations and an internal inquiry by BSF.
While Kumar was handed over to police within six days of the incident, Birdhi surrendered before the police on March 4 last year.
In April, BSF had moved an application seeking transfer of the case to GSFC under Section 80 of the BSF Act, claiming that the accused personnel were on “active duty” when the incident took place.
Upholding the BSF plea, Chief Judicial Magistrate Srinagar Yashpaul Bourney transferred the case to GSFC in November.
However, the state government approached the High Court in December and got the proceedings of the GSFC stayed.
The state has sought directions from the High Court to set aside the CJM’s order pleading that the matter was triable in the civil court and the GSFC has no jurisdiction.
On February 23, the High Court in an interim order allowed the BSF to record evidence in the GSFC but directed it not to announce the verdict till the petition filed by the state government was decided.
http://www.greaterkashmir.com/news/2011/Mar/16/process-of-recording-evidence-underway-38.asp
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