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| Hear parties afresh: HC directs in 1999 Pukharpur encounter case | | | Early Times report
Jammu, Apr13- In a much publicized Pukharpur encounter case, the Jammu and Kashmir State High Court has set aside the order of the Trial Court with the direction to the Trial Court to hear the parties afresh on the question of framing charges strictly in accordance with law.
On a media report, the State Human Right Commission took suo-moto cognizance and enquired into the matter and finally recommended registration of murder case against the members of the SOG. The deceased in this case was a hardcore militant, who was wanted by the police in number of cases. Crime Branch on September 20, 2003 registered a case u/s 302/120-B against the members of the SOG team Pukharpur and after completion of the investigation presented challan in the Court of law.
The case which was under trail in the Sessions Court at Budgam was transferred to Sessions Court Srinagar by High Court of July 20, 2007. The petitioner against this order filed SLP seeking transfer of case from Srinagar to Jammu or Chandigarh. The Supreme Court transferred the case from Srinagar to Jammu Court. The Trial Court framed charges against Ichpal Singh and other members of SOG u/s 302/342/120-B/201 RPC which was challenged by the petitioner in the State High Court.
Justice Sunil Hali, after hearing Advocate Anil Sethi appearing for petitioner Ichpal Singh and others and Additional Advocate General SC Gupta appearing for the state, set-aside the order of Trial Court, with the direction to Trial Court to hear the parties afresh on the question of framing of charges strictly in accordance with law.
It is worthwhile to mention here according to the petitioners the members of SOG that on the intervening night of June 1-2, 1999 specific information was received about the presence of militants in the village Phakurpur, Budgam. The members of the SOG reached the spot where an encounter took place in which one of the members of the SOG received the gun-shot injury. Unidentified body along with AK rifle/ ammunitions was recovered. JNF
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