Court rejects Army plea
MACHIL FAKE ENCOUNTER
UMER MAQBOOL DAR
Srinagar, Nov 4: A court on Thursday rejected an application by Army’s court of inquiry for re-examination of accused Territorial Army man in Machil fake encounter killings.
The Principal and District Sessions judge Baramulla Gousia-ul-Nissa Jeelani dismissed the application filed by Army through standing counsel of Government of India Karnail Singh Wazir for re-examining TA man Abbas Shah by the court of inquiry headed by Brigadier G S Sangha.
The accused was charge-sheeted by police along with nine others including Army Colonel and two Majors for killing three youth of Nadihal Rafiabad in fake encounter in Machil sector of Kupwara earlier this year.
The COI had earlier recorded the statements of co-accused; former SPO Bashir Ahmed, informer Abdul Hamid and TA man Abbas Shah.
During arguments on the revision petition filed by Army, the prosecution prayed that the order passed by CJM Sopore was in accordance with law.
The Army had filed a revision petition against CJM order that there cannot be Court Martial in the case.
“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 said in its order on July 15.
While counsel of Army prayed that services of defence forces in Jammu and Kashmir are active and the Army has option of court martial in murder and rape cases.
He told the court it was mandatory for CJM to serve notice to commanding officer on option whether the accused would to be tried in court martial or civil court.
The court listed the revision petition for final hearing on November 29.
The state was represented by Shahid Ali Shah while victims’ families were represented by president Bar Association Baramulla Ghulam Nabi Bhat and general secretary Imtiyaz Ahmed Bulla.
Lastupdate on : Thu, 4 Nov 2010 21:30:00 Makkah time
Lastupdate on : Thu, 4 Nov 2010 18:30:00 GMT
Lastupdate on : Fri, 5 Nov 2010 00:00:00 IST
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