A day after Jamp;K Polices Special Investigation Team SIT chargesheeted suspended BSF commandant Randhir Kumar Birdi and constable Lakhwinder Kumar for killing teenager Zahid Farooq on February 5,BSF Wednesday sought their custody for court martial.
In an application filed before the Srinagar Chief Judicial Magistrates court,Deputy Inspector General SHQ BSF R M Painuly sought custody of the accused,currently lodged in the Srinagar Central Jail,and a stay on the proceedings against them.
Whereas the accused persons namely Lakhwinder Kumar No 1005455 Constable of 68 Bn BSF and Randhir Kumar Birdi commandant SF are serving under my command and,whereas in exercise of my discretion as envisaged in section 80 of the BSF Act,I have decided to institute proceedings against the said accused persons before the BSF court, Painulys application said. Whereas the accused are presently in judicial custody and in your control,I therefore request you to stay the proceedings in your court against the accused and forward all concerned documents and exhibits in the case and custody of accused persons to the undersigned.
Painuly also submitted that the outcome of the trial in the BSF court would be intimated to CJMs court. That the outcome of the trial of the accused persons in the BSF court would be intimated to CJM as per Court Martial Adjustment of Jurisdiction Rules 1983, he said in the application.
Jamp;K government,sources said,is likely to contest the application. SIT has charged Birdi and Kumar under sections 302 murder,109 abetment to crime and 201 destruction of evidence. The trial in the case will start Thursday.