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| HC dismisses petition for criminal proceedings | | 2010 Pathribal case | | Early Times Report
Srinagar, Apr 27: The state High Court today dismissed a petition by victim families for resumption of criminal court proceeding before CBI court in killings of five civilian in alleged fake encounter by Rashtriya Rifles in March 2000.
"The reliefs sought by petitioners in writ petition concerning cognizance by CBI court and resumption of jurisdiction by CBI Court, with further prayer to direct CBI to make an application to Central Government for grant of sanction within four weeks have already been decided by the Supreme Court. The Supreme Court has given liberty to competent authority in Army to take decision as regards convening of court martial or adjudication of trial by criminal court. The competent authority in Army opted to try the case by a court-martial. Once an option and liberty was given by the Supreme Court, thereby deciding the matter as regards trial to be conducted by court martial or criminal court, the same issue is not permissible to be opened and taken up again and again," a single bench of the court comprising Justice Tashi Rabstan said.
"If petitioners are aggrieved of order impugned passed by trial magistrate or for that matter of any decision and order of court martial, (they) are free to avail of appropriate remedy available under applicable rules and law," the court added.
The Army's Court of Inquiry (CoI) on January 2014 declared the matter of the death of five Kashmiri civilians as "closed".
The CBI had earlier established charges of abduction and murder against five Army officials and filed the chargesheet in a designated court in Srinagar in 2006, seeking trial for "exemplary punishment" of the accused.
It had filed the chargesheet against Brigadier Ajay Saxena, Lt Col Brajendra Pratap Singh, Major Sourabh Sharma, Major Amit Saxena and Subedar Idrees Khan for staging the fake encounter and labelling the five abducted civilians as foreign terrorists involved in the massacre of 35 members of the Sikh community at Chittisinghpora on March 20, 2000.
The Army's CoI recorded the statements of the witnesses in Kashmir as none of the civilian witnesses agreed to travel to Nagrota, the headquarters of 16 Corps in Jammu, for this purpose. In a statement, the Army had declared the matter as closed "because the evidence recorded could not establish a prime facie case against any of the accused." |
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