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Court rejects application seeking Pathribal verdict copy
5/29/2014 11:07:15 PM
Early Times Report

SRINAGAR, May 29: Chief Judicial Magistrate Srinagar today rejected applications filed by Inspector General of Police (Kashmir) and one of the victim families, seeking copy of court-martial judgment and other documents regarding 2000 Pathribal encounter.
Nearly 14 years after the fake encounter rocked the state; Army in January this year closed the case, saying the evidence recorded could not establish prime facie charges against any of its accused five personnel. Case was handed over to the CBI for investigation in January, 2003.
CBI in its charge sheet concluded that officials and jawans of the Seven Rashtriya Rifles -- Brig Ajay Saxena, Lt Col Brahendra Pratap Singh, Maj Saurabh Sharma, Maj Amit Saxena and Subedar Idrees Khan had staged a fake encounter and killed five innocent civilians whom they said were terrorists involved in the massacre of 35 Sikhs at Chattisinghpora in south Kashmir on March 20, 2000.
While rejecting the applications, the CJM observed the Nazir Ahmad Dalal, maternal uncle one of the victims of the encounter, and IGP has no locus standi. "Record furnished by IGP Kashmir nowhere indicates that he has been authorized by Government to move the court for seeking record as well as copy of the judgment," the court said, rejecting the IGP's application.
However, court said, IGP Kashmir and applicant is at liberty to approach "concerned forum" to seek relevant documents and judgments if they so require.
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