Srinagar, July 27: Army on Tuesday filed revision petition in the court of Principal district and sessions judge Varmul challenging the order passed by Chief Judicial Magistrate Sopur “that there could be no court martial” in the Machil fake encounter case.
“We have filed revision petition praying before the court that court marital court has exclusive jurisdiction over the matter, even though offence is rape or murder because the persons involved in the case are on active service,” standing counsel of Government of India Karnail Singh told Greater Kashmir.
Singh said he further prayed in the petition that there was no sanction under section 7 of Armed Forces Special Powers Act in the case and the court of CJM has not properly taken cognizance of the matter.
Admitting the petition filed by the Army, the court served notice to the state to file objections if any and called for records on or before July 29. The court has listed the case for July 31.
The CJM Sopur on July 15 had passed an order that the accused persons, including troopers, should be tried in the civil court as the court marital court had no jurisdiction over it.
“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 CJM Sopur had directed after police presented challan against eight Army troopers including colonel, two majors, five troopers and two civilians in Machil fake encounter case.
The CJM had also 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 so that the proceedings could move forward.
Pertinently, three civilians Muhammad Shafi, Reyaz Ahmed and Shezhad Ahmed Khan of Nadihal Rafiabad were killed by troopers of 4 Rajput Rifles in fake encounter near Line of Control in Machil sector of Kupwara on April 30.

Lastupdate on : Tue, 27 Jul 2010 21:30:00 Makkah time
Lastupdate on : Tue, 27 Jul 2010 18:30:00 GMT
Lastupdate on : Wed, 28 Jul 2010 00:00:00 IST