Jammu and Kashmir High Court on Friday stayed the proceedings of the General Security Force Court (GSFC) against a BSF commandant and a constable in the case related to the killing of a teen aged boy.
Justice Mansoor Ahmad Mir stayed the GFSC proceedings against BSF Commandant R K Birdhi and Constable Lakhvinder Kumar in the Zahid Farooq killing case after the state government challenged the order of Chief Judicial Magistrate (Srinagar) Yashpaul Bourney, transferring the case to BSF court.
The state government on Thursday filed a criminal revision petition in the High Court against the order passed by the CJM on November 25.
Justice Mir stayed the GSFC proceedings till the next date of hearing which has been fixed on December 14.
The court directed DIG of BSF, who had taken over the case from the civil court along with the custody of the accused and the related documents and evidence, to file objections by the next date of hearing.
Since Birdhi and Lakhvinder are in BSF custody now, Justice Mir also directed the DIG to ensure the appearance of the duo in person or through counsel before the court on December 14.
Upholding the BSF plea that the accused Commandant R K Birdhi and Constable Lakhvinder Kumar were on "active duty" when they killed 16-year-old Farooq in unprovoked firing in Srinagar in February 2010, Bourney transferred the case to GSFC.
In view of the notification issued by the Central government with regard to disturbed areas in the country, including Jammu and Kashmir, the security forces are to be treated as being on active duty in any part of these states, Bourney had said that while announcing the order.
"The notification is for a period of three years and the instant occurrence has taken place within that period. This court has no option but to transfer the case to General Security Forces Court," the judge said.
The BSF on Thursday had begun the proceedings against Birdhi and Kumar by issuing orders to hold an internal inquiry against them before starting their trial in the GSFC.
An internal inquiry was mandatory in the cases which are taken over from civilian courts for trial in GSFC.