Srinagar, June 15: The Chief Judicial Magistrate Sopur on Tuesday rejected Army’s application “seeking presence of the co-accused trio in Machil fake encounter killings for recording their statements”.
“Since the report of police reveals that the witnesses are co-accused  in case FIR number 23 of 2010 under section 364, 120B, 34 and 302 RPC, and cannot be handed-over as they are under judicial remand. Keeping in view the circumstances and also considering the report of police, the application is rejected and disposed off,” the CJM Sopur Kounsar Quershi ruled while rejecting the Army’s plea.
The Army had filed an application before CJM Sopur on June 9, seeking presence of the co-accused Abbas Shah, Territorial Army trooper, Bashir Ahmed, former SPO and Abdul Hamid, Army informer, who were arrested by police for facilitating the fake encounter killings of three youth of Nadihal, Rafiabad on April 30 in Machil sector.
The police booked the co-accused trio for abduction and murder of victims under FIR number 23/10 under section 364, 302,120B and 34 RPC registered in Panzla police station.
The presiding officer of court of inquiry ordered by Army, Brigadier GS Sangha had moved an application before CJM stating that these civil witnesses’ (co-accused trio) were required to depose the facts of case as known to them, under section 135 of Army Act 1950.
After receiving Army application, the CJM Sopur sought police comments on the matter and posted hearing on June 12.The hearing was deferred on June 12, as police couldn’t file the report within time.
In its report to CJM, the police also gave report averse to Army plea.
The prominent lawyer of north Kashmir, Muhammad Maqbool Mir had also challenged Army plea pleading that custody of accused cannot be changed.
The co-accused lured the victims Shezhad Ahmed Khan, Reyaz Ahmed Lone and Muhammad Shafi Lone hailing from Nadihal, on promise of providing them job on Line of Control in Machil sector of Kupwara on April 29.
Day later troopers of 4 -Rajupt Rifles killed them in fake encounter and passed off them as infiltrators.
Army had claimed that three militants attempting to cross the Line of Control were killed in the wee hours in the Machil Sector of the Kupwara district in North Kashmir on April 30.
The police investigation the killings has identified the Major “Upendra” of 4-Rajputana Rifles involved in the fake encounter killings.
The Army also suspended the indicted Major Upendra and relieved commanding officer D K Pathanik of Army unit.

Lastupdate on : Tue, 15 Jun 2010 21:30:00 Makkah time
Lastupdate on : Tue, 15 Jun 2010 18:30:00 GMT
Lastupdate on : Wed, 16 Jun 2010 00:00:00 IST