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| ‘A civil case cannot be transferred to BSF court’ | | |
Early Times Report
Jammu, Apr 23: The Court of Chief Judicial Magistrate (CJM) Srinagar today remanded BSF commandant and constable accused of killing a youth on February 5 to judicial remand for 12 days. The BSF petition for transfer of the case to BSF court was strongly contested by the public prosecutor. He told the court that a civil case could not be transferred to a BSF court.
Owing to general strike and restrictions in down town Srinagar, the police could not produce Commandant Birdi and Constable Lukhwinder in the court. The police submitted a detailed application explaining reasons for non-production of the accused. The police also sought judicial remand for 12 days which was granted.
The police also rejected the BSF version that Zahid was killed when he and his colleagues were pelting stones at the security en. The police said when Zahid got killed no incident of stone pelting was reported from Nishat.
Meanwhile, the public prosecutor opposed BSF application for transfer of the case to BSF court. The PP said the accused had not been charged under the provisions of Armed Act and as such the case cannot be transferred to a BSF court. "The accused have been charged under Section 302, 201 and 109 of Ranbir Penal Code (RPC). It is a civil court for all practical purposes and has to be tried in a civil court", he made clear.
The court urged the BSF to file objections by May 5 when the case shall come up for hearing again. The coordination committee urged the authorities to punish the culprits to meet the ends of justice.
Zahid Farooq, a student of 11th standard was killed allegedly by BSF on February 5 near Nishat, Srinagar. The killing evoked massive protests leaving hundreds of persons dead. The government entrusted the enquiry to the divisional commissioner Kashmir who submitted her report in seven days and indicted the BSF.
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