Zahid Farooq case: court seeks custody of BSF Commandant

Srinagar, July 27 2013 (PPI-OT): In occupied Kashmir, a local court here has directed the BSF to hand over custody of its official and his guard to it for their trial in the killing of Zahid Farooq of Nishat in 2010. The court of Chief Judicial Magistrate of Srinagar, Rajeev Gupta, issued the directive, after observing that the BSF had not exercised the option for trial of its Commandant, R K Birdi, and his bodyguard, constable, Lakhvi der Kumar, in the General Security Forces Court in the case of killing of Zahid Farooq within the allotted time of eight weeks given by the Indian Supreme Court.

The court said that the cognisance of the matter was taken as the main offences under various criminal sections including 302 had been concluded against the culprits by the Investigation Officer in the final report.

Earlier, charge sheet along with the other material was presented by the BSF in the court of Chief Judicial Magistrate.

On, Oct 21 last year, the High Court dismissed the Criminal Revision Petitions filed by Zahid Farooq’s uncle, Ghulam Muhammad Sheikh, and the puppet authorities separately against the orders of a trial court, wherein it had held that the culprits were on active duty when Zahid Farooq was killed and would be tried in an army court.

Accordingly, the High Court had upheld the order of the Chief Judicial Magistrate and the accused were tried in the General Security Forces Court.

The order passed by the CJM Srinagar was challenged in the High Court on the grounds that the offenders were on an active duty and they could not be tried in the Security Forces Court as the offences were civil and could be tried in ordinary criminal courts.

On April 25, the Indian Supreme Court in two Special Leave Petitions filed by the authorities and Zahid’s family against the High Court order ruled that the BSF men involved in the killing of Zahid Farooq should face trial in a Srinagar court.

A class 11th student, Zahid Farooq died after he was hit by bullets fired by Birdi and Kumar near Brein Nishat in Srinagar on February 5 in 2010.

For more information, contact:
Kashmir Media Service
Phone: 92-51-4435548, 4435549
Fax: 92-51-4861736

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