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| HC upholds lower court order in teenage boy killing case | | | EARLY TIMES REPORT
SRINAGAR : High Court today upheld the order of a lower court allowing BSF to prosecute a senior officer and a soldier in the General Security Forces Court for allegedly killing a teenage boy in Nishat area of the city in February last year.
Justice J P Singh upheld the order of the Chief Judicial Magistrate Srinagar which had given the BSF an option to try the accused Commandant R K Birdhi and Constable Lakhvinder Kumar in the GSFC under section 47 of the BSF Act.
Then CJM Srinagar Yashpal Bourney on November 25, last year, ordered transfer of the case to GSFC supporting the BSF plea that Birdhi and Kumar, accused of killing 16-year-old Zahid Farooq in unprovoked firing on February 5, were on "active duty".
The High court dismissed the appeal filed by the state Government and counsel for the family of the deceased boy, who had contested that since the accused BSF personnel were not on active duty, they should be tried in the civilian court.
The killing had evoked massive protests across the Valley. The Omar Abdullah government had taken up Zahid's killing with Home Minister P Chidambaram and it was only after the latter's intervention that the BSF had admitted having "accidentally" killed the boy.
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