D A RASHID
Srinagar, Mar 26: The counsel representing the Union of India in Machil Fake encounter case on Monday submitted before High Court that he would seek instructions from the Government of India regarding arraying the victim families as interveners in the case.
 The Union counsel sought time for seeking instructions after he was asked by the Court what prejudice it would cause if the victims families are impleaded as interveners in the case.
 The Court had on February 22 directed the Counsel of the Union of India, Karail Singh Wazir to file objections within two weeks to the application filed by Mian Abdul Qayoom, counsel for the victim families seeking their impleadment as party in the writ petition.
 Earlier a bench of High Court had on February 3 asked the counsel of the victim families to file an application before the Court to seek their impleadment as party/ respondents in the writ petition.
 In the Machil fake encounter case , the Army has filed the petition in the HC challenging orders of Sessions Court Baramulla and Chief Judicial Magistrate (CJM) Sopore wherein the courts held that civil court has the jurisdiction to proceed against the accused in the case.
 The Army had filed an appeal before the Sessions court Baramulla after the Chief Judicial Magistrate Sopore ruled that the civil courts have jurisdiction to prosecute the accused army men. The Sessions court had upheld the trial court order with the observation that the accused can be tried in the civil court.
 During the High Court proceeding on December, 23, 2011 Army  sought transfer of Machil fake encounter case from Civil Court to the Army Court on the grounds  that the accused Army personnel were on active duty and discretion was with it for initiating proceedings before any court.
 During hearing of the case, Counsel for Union of India, had pleaded that the discretion vests with the commanding officer of the Army Corps, Division or Army Brigade to decide on the option whether the accused can be tried through Court Martial or a Criminal Court.
 The State has already filed objections to the Union petition through its Additional Advocate General, Shabir Ahmad Naik.
 Pertinently, three civilians of Rafiabad in district Bandipora were allegedly killed in a fake encounter in Machil area of 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 : Mon, 26 Mar 2012 21:30:00 Makkah time
Lastupdate on : Mon, 26 Mar 2012 18:30:00 GMT
Lastupdate on : Tue, 27 Mar 2012 00:00:00 IST