Srinagar, Dec 14: The BSF Tuesday filed its objections to the revision petition filed by the State Government before the High Court against the CJM court order allowing the transfer of Zahid Farooq killing case to a General Security Force Court (GSFC).
The HC also clubbed the revision petition filed by the complainant family along with the revision petition filed by the State, to be heard by a single bench on Wednesday.
In its objections before the HC, while questioning the maintainability of the revision petition, the BSF has said that the accused men were on active duty on the day they fired upon the deceased youth at Brein, Nishat.
“The application by the BSF before the CJM Court, seeking transfer of the case, was moved under Section 80 of the BSF Act, which authorizes BSF head or the commandant of the unit to seek transfer of the case from a civil court to the BSF appointed court,” the BSF counsel submitted in the objection before the HC,adding, “By this Act, the discretion lies with the head of the unit or the commandant that whether he wants to exercise his options of a civil criminal trial or a trial by BSF-appointed court.”
In another development, the revision petition filed separately by the complainant family was clubbed with the petition filed by the State Government. Although the court was scheduled to hear the government plea Tuesday, it deferred the hearing into the matter by a day, posting it for Wednesday along with the revision petition of the complainant family.
The HC, which is hearing the revision petition, had on December 3 stayed the proceedings of General Security Force Court (GSFC), directing the BSF authorities not to proceed ahead with it. The HC directions came after State Government, on December 2, challenged the November 24 order of CJM Srinagar, which allowed the transfer of the Zahid killing case to a GSFC Court by filing revision petition against the order.
On February 5, Zahid Farooq, a teenager from Brein, Nishat was killed 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 as constable Lakhvinder, accused of shooting Zahid on the orders of his commandant, was handed over to SIT by the BSF authorities on February 10.
In its objections before the HC, while questioning the maintainability of the revision petition, the BSF has said that the accused men were on active duty on the day they fired upon the deceased youth at Brein, Nishat.
“The application by the BSF before the CJM Court, seeking transfer of the case, was moved under Section 80 of the BSF Act, which authorizes BSF head or the commandant of the unit to seek transfer of the case from a civil court to the BSF appointed court,” the BSF counsel submitted in the objection before the HC,adding, “By this Act, the discretion lies with the head of the unit or the commandant that whether he wants to exercise his options of a civil criminal trial or a trial by BSF-appointed court.”
In another development, the revision petition filed separately by the complainant family was clubbed with the petition filed by the State Government. Although the court was scheduled to hear the government plea Tuesday, it deferred the hearing into the matter by a day, posting it for Wednesday along with the revision petition of the complainant family.
The HC, which is hearing the revision petition, had on December 3 stayed the proceedings of General Security Force Court (GSFC), directing the BSF authorities not to proceed ahead with it. The HC directions came after State Government, on December 2, challenged the November 24 order of CJM Srinagar, which allowed the transfer of the Zahid killing case to a GSFC Court by filing revision petition against the order.
On February 5, Zahid Farooq, a teenager from Brein, Nishat was killed 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 as constable Lakhvinder, accused of shooting Zahid on the orders of his commandant, was handed over to SIT by the BSF authorities on February 10.
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