Srinagar, July 15: Police on Thursday charged with murder an Army Colonel, two Majors and four other army personnel in the fake encounter killing of three youth in Machil near Line of Control this April. Besides, a local Territorial Army personnel and two civilians have also been charged by police in its charge sheet filed before the court of Chief Judicial Magistrate Sopur today.
The accused have been charged under Section 302 (murder), 364 (kidnapping or abducting), 120B (concealing design to commit offence punishable with imprisonment) and 34 (act done with common intention).
The accused are Colonel D K Pathania of 4 Rajput, Major Moriya Adjutant, Major Opinder, Sobedar Sadbeer Singh, Sepoy Chander Ban, Sepoy Naginder Singh, Sepoy Narinder Singh, Hawaldar Vir Singh and TA man Abbas Ahmad Shah. The two civilians are Abdul Hamid Bhat and Bashir Ahmad Lone.
The three youth killed in the fake encounter were Muhammad Shafi Lone, Shehzad Ahmad and Riyaz Ahmed, all residents of Nadihal Rafiabad in Varmul district.
“It has been submitted by the police investigating officer in its challan that the accused army personnel have not been handed over to the police by military authorities during investigation especially for the purpose of filing challan (charge-sheet). In the said circumstances of the case, the provisions of Section 69 of the Army Act have no application in relation to the accused persons of army,” reads the court order by Chief Judicial
Magistrate Sopur, Kausar Ahmad Qureshi.
“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,” the order reads.
The court has directed Brigade Commander of 53 infantry Brigade, Machil, and the present Commander of 4 Rajput to ensure the presence of the accused on the next date of hearing in the case on July 29 so that the proceedings move forward.
In a separate order, the court has also directed DIG Varmul to ensure the presence of the accused in the court on the date of hearing.
“Any default on the adherence of the order shall compel court to issue non-bailable warrants against the accused army men,” the order says.
The preliminary investigation by police had shown that on the directions of the Major, a trooper of Territorial Army, a former SPO and an army agent had motivated the youth to work as laborers for the army in lieu of Rs 2000 per day.
“The youth were handed over to the army and subsequently killed in a fake encounter on the orders of the Major on the intervening night of April 29 and 30,” police sources said.
The police arrested former SPO Lone, his accomplice Bhat, TA man Shah on the charges of kidnapping and conspiring the murder of the three youth in May.
Police said Lone had promised the victims Rs 2,000 a day for working with the Army as porters near LoC. It said on the fateful day the victims were driven to a military outpost in Kalaroos, where they were received by the Major of 4 Rajput on April 29.
On April 30, in a report filed at the Kalaroos Police Post, the Army said it had shot dead three militants and five AK 47 rifles were recovered from them.
Police sources said Lone revealed that Major had paid him and his two accomplices Rs 50,000 each for arranging the youth who were later labeled as “unidentified militants.” Army has already removed Commanding Officer of the 4 Rajput Regiment and has suspended Major Opinder from the command till completion of the inquiry. Army had also initiated inquiry into the case.

Lastupdate on : Thu, 15 Jul 2010 21:30:00 Mecca time
Lastupdate on : Thu, 15 Jul 2010 18:30:00 GMT
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