Srinagar, Apr 8: Jammu and Kashmir government Thursday objected to the BSF move seeking transfer of Nishat teenager’s killing case from a civil court to the BSF-appointed court.
The government through its Special Public Prosecutor Advocate Abdul Aziz Teli maintained that offence was triable in the Sessions Court here.
“The application filed by the BSF is not maintainable at all,” Teli submitted.
Following the arguments, the court of the Chief Judicial Magistrate here, before whom the BSF had moved the transfer application, directed the prosecution to file objections within two weeks.
BSF officer, Commandant RK Birdi and Constable, Lakhvinder Kumar were arrested by the police earlier this year for their involvement in the killing of a teenager Zahid Farooq of Nishat Brein here on February 5.
The Police’s Special Investigation Team which was probing the case had on Wednesday last charge-sheeted Birdi and Kumar in the case. The duo was also charged under Section 201 (destroying and tampering of evidence) and Section 109 (abetment of offence).
A senior BSF official, DIG RM Painuly had on April 7 moved an application before the CJM Srinagar seeking stay on the proceedings, transfer of the case to BSF court and the custody of the accused. However, the SPP vehemently opposed the BSF application.
“Since the challan has been filed under section 302 (murder), 109 and 201, the case may be exclusively tried by the Court of Sessions Judge. Besides, all the application in the case may be decided by the Court itself,” he said. “In case the court decides not to commit the case, I may be given the opportunity to file objections.”
The counsel for the accused BSF officials however opposed any grant of time to the prosecution and prayed that the court may decide upon the application.
After hearing the arguments the CJM observed that the law was well established in this regard.
“It is the committal court which has to decide the application when the same is filed by the Army or the BSF for exercising of option. The application for exercising discretion for trial of the case by the BSF authorities is therefore to be decided by this court,” the court observed.
Meanwhile the counsel for accused sought direction on an application seeking direction to the Senior Superintendent of Police by the court to lodge a counter FIR against the unlawful assembly which had blocked the roads and pelted stones on February 5, 2010 on the BSF party near Nishat.
It prayed for directions to SSP to reopen and reinvestigate the case FIR No. 73/2009 on May 27, 2009.

Lastupdate on : Thu, 8 Apr 2010 21:30:00 Makkah time
Lastupdate on : Thu, 8 Apr 2010 18:30:00 GMT
Lastupdate on : Fri, 9 Apr 2010 00:00:00 IST