HC reserves case for judgement
ZAHID FAROOQ KILLING
D A RASHID
Srinagar, Sep 16: After arguments of two days, High Court on Friday reserved the Criminal Revision Petition in Zahid Farooq’s killing for final judgment.
Court of Justice J P Singh after hearing the arguments of the parties to the case, reserved the case for the judgment, which will be pronounced later.
Two Criminal Revisions Petitions were filed by the government and the complainant, Ghulam Muhammad Sheikh father of Zahid Farooq against the order passed by the CJM Srinagar wherein the court had allowed application of BSF seeking the trial of the two accused in the killing Zahid in the Security Forces Court and had handed over the application and the Chargesheet to the DIG BSF.
The order passed by the CJM Srinagar was challenged on the grounds that the accused were not discharging an active duty and they could not be tried in the Security Forces Court as the alleged offences were civil and the accused could be tried in ordinary criminal courts.
The two counsels also argued that Under Section 80, read with Rule 41 of the BSF Act, no decision in formal writing by the competent authority that DIG BSF is in accordance with the spirit of BSF of the Act.
While the Counsel for the complainant, N A Ronga referred to various judgments of the Supreme Court and the High Courts in support of his contention, the Additional Advocate General for the state also alluded various judgments in support of the Criminal Revision Petition filed by the state against the CJM order.
“The accused can’t be tried in the Security Forces Court as various High Court and Supreme Court judgments have vindicated it already,” N A Ronga, informed the Court.
The contentions of the Counsel for the complainant, N A Ronga and the Additional Advocate General for the state were however, countered by the ASG, and Kernal Singh, central government lawyer who represented the DIG BSF, argued that the order of the CJM was in accordance with the law.
“The accused were on duty as the commander A K Birdi was coming from composite hospital Humhama after attending annual medical examination towards his place of posting at Headquarters BSF, 68th battalion BSF, which amounts to active duty,” the ASG and his associate told the Court.
“In the present case, a notification was issued by the central government treating the BSF personnel on active duty in Jammu and Kashmir for a particular period and the alleged act had taken place during that period, as such the accused persons were on active duty and the Security Forces Court has the power to try them under section 47 of the BSF Act,” they pleaded in the court.
“Even if they have committed civil offence, the trial can be held by the SFC in pursuance of section 80 of BSF Act, read with section 549 of the Criminal Procedure Court and also criminal adjustment rules 1983,” pleaded the ASG.
However, they could not convince the court when they were asked to show the formal order seeking the trial.
“There is no formal decision in writing in the records of the BSF,” the law officer of the force told the court.
Lastupdate on : Fri, 16 Sep 2011 21:30:00 Makkah time
Lastupdate on : Fri, 16 Sep 2011 18:30:00 GMT
Lastupdate on : Sat, 17 Sep 2011 00:00:00 IST
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