Srinagar, Dec 19: Army has decided to challenge the orders passed by the subordinate courts in Machil fake encounter killings in High Court, sources told Greater Kashmir on Sunday.
 They said that Army would challenge the orders of Chief Judicial Magistrate Sopur and District and Session judge Baramulla, in High Court, within next few days.
 They said draft prepared for challenging the orders had been sent to legal cell of Army in New Delhi for approval.
 “Once they will clear it then we will go ahead and file a petition against these orders,” they added.
 The CJM Sopore on July 15 passed an order that the case falls beyond the option of
 Court Martial, when police produced chargesheet against ten soldiers including a Colonel and two Majors for killing three persons in an alleged fake encounter at Machil.
 “The trial of the case in relation to the 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,” the order reads.
 The Army then filed revision petition against the order in court of district and sessions Judge Baramulla, but it dismissed the petition and asked accused to appear before trial court on December 24.

Lastupdate on : Sun, 19 Dec 2010 21:30:00 Makkah time
Lastupdate on : Sun, 19 Dec 2010 18:30:00 GMT
Lastupdate on : Mon, 20 Dec 2010 00:00:00 IST