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PP resists transfer of case to BSF court
4/9/2010 12:24:41 AM

JAMMU: The court of Chief Judicial Magistrate (CJM) Srinagar remanded BSF Commandant RK Bird and constable Lakhwinder Singh to judicial custody till April 23. The duo is accused of killing Zahid Farooq a student of 11th standard at Nishat on February 5.
The counsel for the accused Moulvi Aijaz and the public prosecutor Abdul Aziz Teli were present. Teli resisted an application by BSF DIG RM Panoli seeking trial of the accused in a BSF court under 80 of BSF Act 1968. The DIG also quoted section 549 of Cr PC which prescribes serious punishment for security men.
The DIG said in exercise of powers conferred on me by section 80 BSF Act; I have decided to bring the accused to justice in a BSF court. "Since the accused are in judicial custody, I seek their handover to the BSF", he said.
The public prosecutor said the accused were involved in the murder of a civilian and should be, therefore, triad in a civil court. The case and the DIG's application shall come up for hearing on April 23. The state has been directed to file objections by April 23.
The parents of Zahid while talking to a local news agency expressed displeasure over DIG's transfer application. "The BSF wants to hush up the case", they said.
Meanwhile, the counsel for the accused received a copy of the challan. As most of the time was consumed by DIG's application the issue of sanction under section 6 AFSPA was not raised.
The proceedings of the case are being watched keenly by local human rights defenders. The killing evoked violent clashes across Kashmir. The government was forced to appoint the divisional commissioner Kashmir as enquiry officer. The enquiry report was submitted within seven days. The report indicted the BSF men.
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