SC adjourns Zahid Farooq case | ‘It will come under Pathribal judgment purview’


Srinagar: The Supreme Court on Monday adjourned Zahid Farooq killing case for two weeks saying the Pathribal case judgment will be applied to it after it will be disposed off within two weeks.
“Zahid Farooq case has been adjourned by the Apex Court for two weeks as Pathribal case will be disposed off soon and the decision of Pathribal case will be applied in Zahid Farooq case as well,” standing counsel for Jammu and Kashmir State in the Supreme Court, Sunil Fernandes told Greater Kashmir.
“Our plea in the Court was that action like murder, rape etc committed by defence personnel like Border Security Forces (BSF) cannot be considered as part of their normal duty hence they cannot get the benefit of Court Martial and they should be tried in the criminal courts in the state of Jammu and Kashmir,” Fernandes said.
Additional Advocate General for Jammu and Kashmir government in Supreme Court, Gaurav Prachanda Monday appeared in the case on behalf of the state government.
The case was today listed before the Division Bench of the SC comprising Justice B S Chuhan and Justice J S Khehar, Farnandes said.
The Jammu and Kashmir Government has filed the Special Leave Petition (SLP) through its standing counsel Sunil Fernandes against the judgment passed by Jammu and Kashmir High Court in two Criminal Revision petitions.
Two Criminal Revisions Petitions were filed by the government and the complainant, against the order passed by the CJM Srinagar wherein the court had allowed application of BSF seeking the trial of the two accused — BSF Commandant V K Birdi and his bodyguard in security forces court.
In the Criminal Revision Petitions, 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 Criminal Revision petitions were, however, dismissed by a single bench of Jammu and Kashmir High Court with the observation that the accused were on active duty on the day of commission of the offence and there was no need to examine the nature of their duty.


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