Srinagar, Oct 20: While as a local court listed Border Security Forces’ plea, seeking stay in civil proceedings into the killing of a teenager-Zahid Farooq on October 25, the counsel for complainant on Wednesday said there was no justification in the application.
 In his arguments before the Chief Judicial Magistrate, Srinagar, Yashpal Bourney, the counsel for complainant, Advocate Nazir Ahmad Ronga said forces had not given any reasons or justification as to why this case should be transferred to BSF court. “There is no merit in the application,” he contended.
 Besides, he said, there was nothing on record, as collected by investigation agency, that there was any stone pelting or protests at the time of commission of offense by BSF personnel on February 5.
 While Public Prosecutor and Counsel for BSF were not present, the court listed the case on October 25.     
 On April 6, the BSF through Deputy Inspector General (DIG), Brig (Retd) R M Painuly, had moved an application before the CJM, seeking stay in the civil proceedings and transfer of case to the BSF court under section 80 of BSF Act of 1989.
 BSF Commandant, R K Birdi and his sub-ordinate Lakhwinder Kumar are accused in the killing of Zahid Farooq in an unprovoked firing near teenager’s residence at Nishat in city outskirts on February 5.
 In its 3-page chargesheet, the Special Investigation Team of police charged the BSF personnel under Section 302 of the Ranbir Penal Code (RPC), an offence punished with death, or imprisonment for life and fine.
 The duo has been also charged under Section 201 (destroying or tampering with the evidence) and Section 109 (abetment of offence).
(PBI)

Lastupdate on : Wed, 20 Oct 2010 21:30:00 Makkah time
Lastupdate on : Wed, 20 Oct 2010 18:30:00 GMT
Lastupdate on : Thu, 21 Oct 2010 00:00:00 IST