Srinagar, Aug 4: The union of India has filed a revision petition in Machil fake encounter case  before the Principal Sessions Court Baramulla seeking option of trial against accused Rifle man Abbas Hussain Shah of Territorial Army 161. 
 “We filed the revision application before the Principal Sessions Judge Baramulla as Chief Judicial Magistrate Sopore has not given any option under section 125 of Army Act regarding the trial of accused” Karnal Singh Wazir defending Union of India said.
 The Union of India has filed the revision petition after the charge sheet against accused (Number 3 to 12 (soldiers) was bifurcated and one of the accused was not handed over to Army Court for the trial.
 The counsel for Union of India, K S Wazir today argued before the Sessions Court Baramulla that under section 125 of Army Act, the accused number 3 is to be tried before the Court Martial. The arguments, however, remained inclusive as public prosecutor representing the state was not available.
  The Jammu and Kashmir High Court on July 4 had allowed the petition of Union of India against the Trial Court order wherein the court had held that the accused army officer in Machil Fake encounter case could be tried before it.
 A bench of High Court had aside the order of Chief Judicial Magistrate Sopore and Sessions Judge Baramulla held that the accused Army officers were on “active service” within the meaning of Section 9 of the Army Act read with SRO 17-E of 1997.
 The High Court held that the accused Army Officers were tri-able for the offences before the Court-Martial or the ordinary criminal court at the option of the commanding officer.
 The High Court had directed the CJM Sopore to issue a notice to the Commanding officer under Rule 4 of Jammu and Kashmir Criminal Courts and Court- Martial (Adjustment of jurisdiction), Rules 1983  and the concerned commanding officer to  exercise the option in terms of section 125 of Army Act.
 Three civilians of Rafiabad were allegedly killed in a fake encounter in Machil area of north Kashmir’s Kupwara district in April 2010 and passed on as foreign militants.
 The accused army men charge-sheeted in the case include Colonel D K Pathania of the 4 Rajput Rifles, Major Upendra Singh, Major Maurya (Adjutant), Subedar Satbir, Hawaldar Bir Singh, Sepoy Chadra Bhan, Sepoy Nagendra Singh, Sepoy Narendra Singh and Abbas Hussain Shah of the Territorial Army.

Lastupdate on : Sat, 4 Aug 2012 21:30:00 Makkah time
Lastupdate on : Sat, 4 Aug 2012 18:30:00 GMT
Lastupdate on : Sun, 5 Aug 2012 00:00:00 IST