No orders on magisterial probe

Court Defers Hearing On Army Plea

UMER MAQBOOL DAR

Srinagar, June 12: Even though government claimed ordering a magisterial inquiry into the April 30 fake encounter killing of three Nadihal youth by the Divisional Commissioner Kashmir, no magisterial probe was being conducted in the case.
The divisional commissioner Kashmir Naseem Lankar told Greater Kashmir that she is not carrying out the probe into the killings.
“I have not received any orders about this and neither I am probing the matter. The matter is being investigated by police,” she said.
Immediately after the news about the fake killings broke, the state government had announced that a high-level inquiry would be conducted in the matter by the divisional commissioner Kashmir.
“I have not received any order about this and am not probing the matter,” Naseem said.
The administrant in Varmul and Kupwara, where the jurisdiction of the case falls are also clueless about any magisterial inquiry.
The deputy commissioner Kupwara said that the jurisdiction of case falls in the limits of Varmul district and Sopur police district.
“The matter doesn’t pertain to my district,” he said.
The DC Varmul Bashir Ahmed said that he is not conducting the probe in the matter.
Sources told Greater Kashmir that magisterial inquiry was important to corroborate the truth although prima-facie it was established that trio were killed in fake encounter by Army, after luring them on promise of jobs through their collaborators.
Chief Judicial Magistrate Sopur on Saturday deferred hearing on Army’s plea seeking presence of three co-accused, on Tuesday.
The hearing on Army’s application seeking presence of three co-accused for recording their statements was scheduled for Saturday.
After police failed to present the report, CJM Sopur Kounsar Ahmed Qureshi posted hearing on plea for Tuesday (June 15).
The CJM Sopur had sought police comments on the Army’s plea, after later approached the court.
The Army moved an application before CJM Sopur on June 9, seeking presence of three co-accused Abbas Shah, Bashir Ahmed and Abdul Hamid trio arrested by police for fake encounter killings of three Nadihal youth in Machil sector of Kupwara on April 30.
The Brigadier GS Sangha who has been appointed as Presiding officer for holding court of inquiry in the killings has moved an application in CJM under section 135 of Army Act 1950 for summoning the witnesses.
Police has booked the co-accused trio for abduction and murder of three victims Shezhad Ahmed Khan, Reyaz Ahmed Lone and Muhammed Shafi Lone along with troopers of 4 Rajput Rifles.
The victims were lured by co-accused trio on promise of providing them job on Line of Control and were killed in fake encounter by troopers of 4-Rajputana Rifles.
The police has already indicted Major Upendra in its report sent to Army.
The indicted Major was suspended and commanding officer D K Pathanik was also removed from command, Army claimed.

Lastupdate on : Sat, 12 Jun 2010 21:30:00 Makkah time
Lastupdate on : Sat, 12 Jun 2010 18:30:00 GMT
Lastupdate on : Sun, 13 Jun 2010 00:00:00 IST




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