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HC stays transfer of case to BSF court
Zahid Farooq Case
12/3/2010 11:43:28 PM
EARLY TIMES REPORT
JAMMU, Dec 3: Zahid Farooq case took a new turn today when the High Court stayed its transfer to a Border Security Force court. Admitting the petition filed by the state challenging the order of Chief Judicial Magistrate (CJM), Justice Mansoor Ahmad Mir while staying the transfer of the case called for records. The court also urged the respondents to ensure their presence either in person or through their lawyers.
Zahid Farooq, a student of 11th standard was allegedly shot dead by a Border Security Force patrol headed by Commandant Birdi on February 5 near Nishat. The killing evoked widespread protests across Kashmir. The police arrested the commandant and a constable and presented a detailed charge sheet against them. However, the Border Security Force filed a petition seeking transfer of the case to a Border Security Force court. The CJM announced its decision last week and allowed the BSF petition. Giving reasons for his order, the CJM said: "As per an order of the Union government the central troops have been directed to remain on duty round the clock. Keeping this order in view , I had no option but to transfer the case to a BSF court."
Advocate general, Muhammad Ishaq Qadri while talking to media persons confirmed the stay on the CJM's order. "The record will now be sent to High Court instead of the BSF court", he said. The case will come up for hearing on December 14. The BSF has been directed to file its objections to the petition filed by the state.
But for the high court order, the trial was scheduled to commence in a Border Security Force court shortly.
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