Macchil encounter: Army`s petition rejected
Srinagar: A sessions court today rejected a revision petition filed by Army against the order of a subordinate court, seeking to try the armymen involved in Macchil fake encounter case in a general court martial.
Principal District and Sessions Judge Baramulla Gousun Nisa Jeelani rejected the Army`s revision petition in the Macchil case, Public Prosecutor Shahid Ali Shah said.
The court also directed the Army to present the accused personnel before the court of chief judicial magistrate (Sopore) on December 24, he said.
On July 15, CJM Sopore had rejected an army application seeking transfer of the case to Army so that the accused personnel can be tried in general court martial.
While rejecting the army application, CJM Kauser Qureshi in his order said the trial of the case in relation to the said accused persons too is necessary to be conducted by a civil court.
In view of the conjoined reading of the Army Act 1950, Section 549 CrPC and Court Martial adjustment of jurisdictional rules, the case falls beyond the option of its trial by court martial, he said.
On the same day, police had charged 11 persons including a Colonel and two Majors of the Army with murder of the three youth.
Nine army officials and two civilians have been charged under Sections 302 (murder), 364 (abduction), 120-B (criminal conspiracy) and 34 (common intent) of the Ranbir Penal Code (RPC) for the killing of three youths from Nadihal area of Baramulla district in an alleged fake encounter in April this year.
Reyaz Ahmad, Mohammad Shafi and Shahzad Ahmad were allegedly lured by a former SPO Bashir Ahmad Lone and his accomplices to Macchil on the pretext of getting them high-paying jobs in the Army and later handed over to Army for Rs 50,000 each.
The trio were, later, allegedly shot dead in a staged gunbattle near the Line of Control and dubbed as Pakistani infiltrators. The case came to light when police found discrepancies in the FIR lodged by the Army unit and launched an inquiry into the incident.
The army personnel against whom chargesheet has been filed include Colonel D K Pathania of the 4 Rajput Rifles, Major Opendra Singh, Major Maurya (Adjutant), Subedar Satbir, Hawaldar Bir Singh, Sepoy Chadra Bhan, Sepoy Nagendra Singh, Sepoy Narendra Singh and Abbas Hussain Shah of the Territorial Army.
Army had removed Colonel Pathania from the commanding of his unit while Major Opendra, who was the second officer of the unit, was suspended after an internal inquiry was launched by the force.
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