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Army to court martial five officers in Pathribal fake encounter case - The Times of India
SRINAGAR: Court of chief judicial magistrate (CJM) in Srinagar has allowed the Indian army authorities to try its five officers for the Pathribal fake encounter case in year 2000.
In March 2000, following the Chittisinghpura massacre of 36 Sikhs, according to a CBI probe, the Indian Army killed five innocent Kashmiri civilians in a fake encounter at Pathribal in Anantnag district.
Rajeev Gupta, CJM in his order on Wednesday, allowed the army to have the option of trying the accused army men in an army court. The order said, "In view of the options having been exercised by competent military authority for trial by army court, criminal court lacks jurisdiction to try the case initiated on the basis of FIR registered on February 14, 2003."
The army had this week applied for the permission to try the accused officers in the army court in the wake of the supreme court direction on May 1, 2012 that gave the army eight weeks to decide whether it wanted to court-martial the accused or let them get tried in a regular criminal court. The ruling had disappointed Kashmiri human rights groups fighting to have the soldiers tried in a criminal court.
The five army officers accused in the case are: Brigadier Ajay Saxena, Lt Col Brajendra Pratap Singh, Major Sourabh Sharma, Major Amit Saxena and Subedar Idrees Khan. The CBI charge-sheeted the officers in the designated court of CBI, CJM court in Srinagar a few years ago.
The Indian army has blamed the then Senior Superintendant of Police (SSP) Anantnag, Farooq Khan for misguiding and misinforming them about five civilians. Farooq Khan is presently deputy inspector general of police (DIG) Jammu.
The army authorities in Srinagar maintained silence over the latest development.
SRINAGAR: Court of chief judicial magistrate (CJM) in Srinagar has allowed the Indian army authorities to try its five officers for the Pathribal fake encounter case in year 2000.
In March 2000, following the Chittisinghpura massacre of 36 Sikhs, according to a CBI probe, the Indian Army killed five innocent Kashmiri civilians in a fake encounter at Pathribal in Anantnag district.
Rajeev Gupta, CJM in his order on Wednesday, allowed the army to have the option of trying the accused army men in an army court. The order said, "In view of the options having been exercised by competent military authority for trial by army court, criminal court lacks jurisdiction to try the case initiated on the basis of FIR registered on February 14, 2003."
The army had this week applied for the permission to try the accused officers in the army court in the wake of the supreme court direction on May 1, 2012 that gave the army eight weeks to decide whether it wanted to court-martial the accused or let them get tried in a regular criminal court. The ruling had disappointed Kashmiri human rights groups fighting to have the soldiers tried in a criminal court.
The five army officers accused in the case are: Brigadier Ajay Saxena, Lt Col Brajendra Pratap Singh, Major Sourabh Sharma, Major Amit Saxena and Subedar Idrees Khan. The CBI charge-sheeted the officers in the designated court of CBI, CJM court in Srinagar a few years ago.
The Indian army has blamed the then Senior Superintendant of Police (SSP) Anantnag, Farooq Khan for misguiding and misinforming them about five civilians. Farooq Khan is presently deputy inspector general of police (DIG) Jammu.
The army authorities in Srinagar maintained silence over the latest development.
