Srinagar, Dec 13: A court in Baramulla on Monday dismissed the army’s petition seeking revision of the order passed by Sopore Court rejecting the Court Martial option for the accused army personnel.
Besides, the Court of Principal District and Session Judge, Baramulla directed all the nine accused in the case to appear before the Sopore court on December 24.
The Court said in the present chargesheet against the nine accused, the CJM Sopore had followed the procedure as envisaged under clause (b) of rule 3 and rule 4 of the Criminal Court and Court Martial rules.
“The CJM has been of the opinion that he should proceed ahead.”
Quoting Rule 4 of the Criminal Court and Court Martial rules, which provides that Magistrate shall give a notice to the Commanding Officer, court said, “CJM has given a written notice to the concerned Commanding Officer in this regard.”
Court said, “The section 549 of the CrPC gives powers to the state government to make rules consistent with the code and Army Act in force in the state.”
While dismissing the revision petition, the Court said, “The revision petition be consigned to records and returned to the CJM court by or before Dec 24.”
On July 15, the CJM Sopore Kounser Qureshi had rejected the court martial option for the accused army personnel including one Colonel and two Majors.
Subsequently, on July 27, the Union of India filed a revision petition in the court of principal district and sessions judge Baramulla seeking revision of the order passed by the Chief Judicial Magistrate (CJM) Sopore in the same matter.
In its revision petition, army had prayed before the Baramulla judge that army’s court martial has an exclusive jurisdiction to try the accused army personnel.
The army in its petition has further submitted in the petition that the State has not got any sanction for prosecution under Armed Forces Special Powers Act (AFSPA) in the case and the CJM Sopore has not taken cognisance of this ‘vital’ prerequisite.
On July 15, Police chargesheeted an Army colonel, a major and seven others in the fake encounter case in which three youths of Nadihal Baramulla were killed on April 29 on the pretext of giving them jobs and later killing them in the higher reaches of Kupwara claiming they were terrorists.
The army personnel against whom chargesheet has been filed include Colonel D K Pathania of the 4 Rajput Rifles, Major Upendra 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 (TA) for allegedly conspiring and kidnapping three youths from Sopore.
In its chargesheet, the police has held nine army officials and two civilians accused under sections 302 (murder), 364 (abduction), 120-B (criminal conspiracy) and 34 (common intent) of the Ranbir Penal Code (RPC).
Three youth – Reyaz Ahmad, Muhammad Shafi and Shahzad Ahmad, residents of Nadihal village in Baramulla district – were allegedly lured by a former SPO Bashir Ahmad Lone and his accomplices to Machil on the pretext of getting them high-paying jobs and later handed over to army for ` 50,000 each.

Lastupdate on : Mon, 13 Dec 2010 21:30:00 Makkah time
Lastupdate on : Mon, 13 Dec 2010 18:30:00 GMT
Lastupdate on : Tue, 14 Dec 2010 00:00:00 IST