Srinagar, July 30: The Principal District and Sessions Judge Varmul would hear the revision petition of Army to hold court martial in Machil fake encounter case on Saturday.
 Pertinently, the Chief Judicial Magistrate (CJM) Sopur had rejected Army’s plea for the court martial. After CJM’s rejection, Army through standing counsel of Government of India Karnail Singh filed the revision petition before Varmul court claiming that the court martial has jurisdiction over the case. “There is no sanction under section 7 of Armed Forces Special Powers Act and CJM has not taken cognizance of the matter,” the petition said.
 After admitting the petition filed by the Army, the Varmul court had served notice to the state to file objections if any and called for records on or before July 29. Later, court listed the case for July 31 on Saturday.
 Pertinently, 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 had no jurisdiction over it.
 “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. It is necessary to hold trial in a civil court,” the CJM Sopur Kaunsar Qureshi had directed after police presented challan against eight army troopers including a Colonel, two Majors, five troopers and two civilians in Machil fake encounter case.
 He directed the Army to produce the accused troopers before the court on next date of hearing. “The non compliance of the order shall compel this court to issue a non-bailable warrant against the accused troopers,” the CJM had said in his order served to Brigadier 53 infantry brigade of Army in Machil sector.
 In its charge sheet, the police has held nine army officials and two civilians guilty under sections 302 (murder), 364 (abduction), 120-B (criminal conspiracy) and 34 (common intent) of the Ranbir Penal Code (RPC).
 On April 30, three civilians Muhammad Shafi, Reyaz Ahmed and Shezhad Ahmed Khan of Nadihal Rafiabad were killed by troopers of 4 Rajput Rifles in an alleged fake encounter near Line of Control in Machil sector of Kupwara.
 After an internal inquiry was launched by the army, it removed Colonel Pathania from the command of his unit while Major Upendra, who was the second officer of the unit, was suspended.

Lastupdate on : Fri, 30 Jul 2010 21:30:00 Mecca time
Lastupdate on : Fri, 30 Jul 2010 18:30:00 GMT
Lastupdate on : Sat, 31 Jul 2010 00:00:00 IST