From Kashmir Despatch
FRIDAY, 21 OCTOBER 2011 SRINAGAR: MAROUF AHMAD
Jammu and Kashmir High Court Friday dismissed the two revision petitions against the Chief Judicial Magistrate orders allowing trial of BSF men allegedly involved in the killing of teenager Zahid Farooq in General Security Forces Court (GSFC).
“The High Court has dismissed the revision petitions filed by the state and private party (family of the teenager) and orders passed by the CJM have been upheld,” Assistant Solicitor General SAID.
He said that with the orders by the single bench of the High Court comprising Justice JP Singh, the trial in the case would continue in GSFC.
On December 3 last, the High Court had stayed the proceedings of GSFC against the BSF commandant RK Birdi and his sub-ordinate Lakhwinder Kumar into the killing of a teen aged boy, Zahid Farooq, near his residence in Nishat on outskirts of here on February 5 last year.
On November 25, CJM Srinagar had allowed the plea by the BSF through Deputy Inspector General (DIG), Brig (Retd) R M Painuly, seeking stay in the civil proceedings and transfer of case to GSFC under section 80 of BSF Act of 1989.
“The accused have committed alleged offence while on active duty and the case squarely falls with Ist exception to the general provisions of the section 47 of BSF Act for which option is available to the applicant either to try them at the BSF Court or let the Criminal Court of Ordinary Jurisdiction to go ahead with their trial,” the court had said.
The state government and the family had filed revision petition in the High Court against the order passed by the CJM.
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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