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| Hearing in ‘fake encounter’ deferred | | | Early Times Reporter
Srinagar | Oct 25
Hearing in an alleged fake encounter case, in which Muslim cleric was killed by police and army in Ganderbal district last year was deferred after the prosecution pleaded that army plea seeking postponement of proceedings be rejected.
Bashir Ahmad Shah, chief prosecuting officer in the court of Chief Judicial Magistrate (CJM), pleaded that since the stay order passed by Supreme Court in the Pathribal killings case was not final and did not apply to the killing of Showkat Ahmad Kataria case, the application moved by Additional Solicitor General Anil Bhan may be rejected.
The judge fixed November 3 as the next date of hearing and directed the state to produce the accused in the court on that day.
The accused were not present in the court today due to non-availability of escort.
Bhan had moved an application last week seeking deferment of proceedings till the apex court decided the special leave petition filed in Pathribal case in which a similar legal matter was pending consideration.
The army, which had been given the option to try its personnel involved in the Pathribal case as well as Kataria by separate courts, have challenged the tenability of the chargesheets filed by CBI and local police respectively as the prosecuting agencies had not sought prior sanction from the Centre as required under the section seven of the Armed Forces Special Powers Act.
A special investigation team (SIT) on April 12, had chargesheeted five army personnel, five police personnel and one civilian in the killing of Kataria.
While the policemen including Senior Superintendent of Police H R Parihar and his deputy Bahadur Ram and a cleric Mohammad Ashraf Khan are accused of murdering Kataria, the army personnel - Col Vikram Singh, V K Sharma, Major Rishi, Puran Singh and Satpal Singh - have been accused of hatching a criminal conspiracy. |
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