National Human Right Commission against R.K. Birdi, Commandant and Constable Lakwinder Kumar. It was further submitted that BSF had filed an application u/s 80 of the BSF Act, 1948 in the Court of Chief Judicial Magistrate, Srinagar on 7 April 2010 to claim the case for trial by a Security Force Court. 4.85 Thereafter, on 13 December 2010, DIG(Ops.), BSF informed that the Chief Judicial Magistrate had transferred the case to BSF Court for trial. The accused, R.K. Birdi, Commandant and Lakhwinder Singh, Constable had been taken into custody from Central Jail, Srinagar on 25 November 2010 and they had been placed under arrest on 25 November 2010 by DIG, BSF, Srinagar. At present, they were in BSF custody at Panthachowk. Srinagar and proceedings under the BSF Act had already commenced. It was further submitted that a criminal revision petition had been filed in the High Court of Jammu and Kashmir, Srinagar against the order of Chief Judicial Magistrate, Srinagar dated 25 November 2010 by the State Government where the High Court had directed to stay further proceedings till the next date of hearing. 4.86 Upon consideration of the reports, the Commission vide its proceedings dated 22 July 2011 observed and directed as under: “On the basis of above, it is a case of committing death of a 16 year old boy, Zahid Farooq Ahmad Shekh by Commandant R.K. Birdi and Constable Lakhwinder Kumar by AK-47 rifle. The amount of Rs. 1,00,000/- (Rupees One Lakh only) is inappropriate for the death of a minor child. This indicates a clear case of violation of human rights by public servants/BSF personnel and it is a fit case in which notice u/s 18 of Protection of Human Rights Act, 1993 be issued. Accordingly, it is directed that a notice u/s 18(a)(i) of the Protection of Human Rights Act, 1993 be issued to the Secretary, Ministry of 70 Annual Report - 2015-2016

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