Srinagar: An Army Colonel and two Majors
were among 11 people chargesheeted by Jammu and Kashmir Police
in connection with the alleged fake encounter in which three
youths were killed in the frontier district of Kupwara in
April this year.
The charegsheet has named Col D K Pathania, Maj Maurya,
Major Upinder, Subedar Satbir, Hawaldar Bir Singh, Sepoys
Chandra Bhan, Nagendra Singh and Narendra Singh and Abbas
Hussain Shah of the Territorial Army (TA) besides two
civilians Basharat Lone and Abdul Hamid Bhat.
The chargesheet was filed on Thursday before a
designated court in Sopore which issued summons to the Army
officials to be present on the next date of hearing of the
case on July 29.
All of them were charged under sections 302 (murder),
364(abduction), 120-B (criminal conspiracy) and 34 (common
intent) of the Ranbir Penal Code (RPC) for allegedly
conspiring and kidnapping three youths from Sopore on the
pretext of giving them jobs and later killing them in the
higher reaches of Kupwara claiming they were terrorists.
The Army was sent three reminders by the police for
handing over the custody of the army officials for their
custodial interrogation as they claimed there was enough
evidence to suggest their involvement in the killing of
Muhammad Shafi, Shehzad Ahmed and Riyaz Ahmed who were gunned
down on the night of April 29.
The Colonel was relieved of the command and Major
Upinder suspended ahead of Prime Minister Manmohan Singh`s
visit to the Valley on June seven.
Army officials had attempted to invoke the Armed Forces
Special Powers Act under which no official is to be handed
over to the civilian administration. However, the state
government argued in its chargesheet that since there was
criminal intent, police could act against them.
The police have recorded the statements of various
people, including the driver of the vehicle in which the three
youths were taken from their native village of Nadihal in
Baramulla district before being allegedly gunned down.
The police had arrested three persons Abbas Shah --the
territorial army jawan, Basharat Lone and Abdul Hamid
Bhat -- for allegedly luring the three youths to the border
and staging a fake encounter in Machil sector of north
The bodies were exhumed and a post-mortem was done by
the state government. The police had registered a missing
report on April 27 in this regard, which was later converted
into a kidnapping case.
Chief Minister Omar Abdullah had asked the Commander of
15 Corps Lt Gen N C Marwah to cooperate in the probe being
carried out by the police.