Srinagar, Mar 2: The Jammu and Kashmir government has constituted a 3-member legal team to contest the grant of anticipatory bail to the suspended paramilitary BSF commandant, R K Birdi, accused of being involved in killing of a Nishat teenager, Zahid Farooq.
According to sources, police is contemplating to arrest the commandant in case he presents himself before a local court here to seek anticipatory bail on Wednesday.
‘The legal team that includes Additional Advocate General, Additional Public Prosecutor, Muhammad Yusuf Dar and Public Prosecutor, Abdul Aziz Teli would contest the bail plea of the commandant of 68 BSF battalion on Wednesday in the court of the First Additional District and Sessions Judge,” sources told Greater Kashmir on Tuesday.
Anticipating his arrest the commandant had moved an anticipatory bail application in the court. However, the bail plea was not accepted today as counsel for the accused was not present in the court.
The state government today argued in the court that the bail application was not
maintainable as the accused official was absent. The case has been deferred till tomorrow.
More importantly, the court has asked the commandant to present himself in person before the court on Wednesday in the case FIR No. 4/2010 lodged at Police Station, Nishat.
It has been reliably learnt that the 3-member team of state government would also be present in the court tomorrow to oppose the bail application on “various grounds.”
“At the same time the JK police, on the instructions of the Chief Minister, Omar Abdullah, is likely to take the commandant in custody,” sources said.
Even though a BSF constable, Lakhvinder Kumar is in the judicial custody for killing Zahid, he has reportedly deposed before a local court that Birdi had provoked him to fire on the teenager student.
The case against the commandant had grown stronger when two other BSF troopers who were a part of the party had deposed before the court of the Chief Judicial Magistrate that the Birdi had “provoked” Lakhvinder to open fire on Zahid. Even two eyewitnesses had reportedly made the same statement.

Lastupdate on : Tue, 2 Mar 2010 21:30:00 Makkah time
Lastupdate on : Tue, 2 Mar 2010 18:30:00 GMT
Lastupdate on : Wed, 3 Mar 2010 00:00:00 IST