New Delhi, Apr 30: The Supreme Court will on Tuesday pronounce its verdict on whether Army personnel allegedly involved in the killing of seven persons in an alleged staged shootout at Pathribal in Jammu and Kashmir 12 years ago could be prosecuted without prior sanction from the government.
A bench of justices B S Chauhan and Swatanter Kumar will pronounce the verdict at 10.30 am which was reserved by it on April 23.
While concluding their arguments, Additional Solicitor General Harin Raval and senior counsel Ashok Bhan, appearing for CBI, had reiterated that Army personnel in the alleged fake encounter have no immunity from prosecution.
CBI earlier had told the special bench of justices B S Chauhan and Swatanter Kumar that it was a case of “cold-blooded murder and the accused officials deserve to be meted out exemplary punishment.”
CBI had contended no prior sanction was required for prosecuting the Army officials and the need to ensure “public confidence in the rule of law and dispensation of justice” warranted their prosecution.
“Our investigations have revealed it was a fake encounter and cold-blooded murders. If public confidence in the rule of law and dispensation of justices is to be sustained, the accused officers deserve to be meted out exemplary punishment,” Bhan had told the bench.
Bhan's submission was contrary to the stand taken by Additional Solicitor General P P Malhotra, who, appearing for the Army officers, said prior sanction was mandatory for prosecuting the officials who otherwise are innocent.
The Defence Ministry and CBI have differed on the immunity enjoyed by the Army under the controversial AFSPA (Armed Forces Special Powers Act) and other regular laws in encounter killings.

Lastupdate on : Mon, 30 Apr 2012 21:30:00 Makkah time
Lastupdate on : Mon, 30 Apr 2012 18:30:00 GMT
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