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| CBI asked to file charge sheets on Pathribal case by Nov.3 | | | Srinagar, October 3
The additional session Judge here on Tuesday asked CBI to file its charge sheet on Pathribal case by November 3 to start its formal proceedings.
The charge sheet filed by CBI in the matter of Pathribal case came up for hearing before the court of additional session judge Srinagar Gaus-un-Nisa today. During the course of hearing Major J.L.Manhas and Advocate Anil Bhan appeared on behalf of army, but no one appeared on behalf of CBI which was represented by constable Mohd Ishaq in the court. The standing counsel of the army challenged jurisdiction of the court to take up the matter for judicial trial.
Advocate Anil Bhat, the counsel for army, had filed an application before the court of Chief Judicial Magistrate where in he argued that army is subject to judicial trial before military courts only , but not in civil courts. Meanwhile Chief Judicial Magistrate ordered transfer of the case to the court of additional session judge where counsel of the army had filed a similar application already following which additional session judge stayed the trial of the case. The hearing was deferred till November 3,2006.
It would not be out of place to mention here that unidentified gun men had killed 36 sikhs during night on March 20, 2000 following which sleuth of police and army arrested a youth Mohd Yaqoob Wagay from the village on March 21,2000. According to the statement made by police before Justice G.A.Kuchay, the then SSP Anantnag Farooq Ahmed Khan and Birgadier Ajay Saxena were quoted as having said that Mohd Yaqoob Way has identified five militants during the course of interrogation following which police conducted a major operation against them.
All the five militants were killed during the operation and cache of arms and ammunition was recovered from them. Police claim was authenticated in the FIR which was lodged at P/S Achabal in this connection. Five civilians including Zahoor Ahmed Dalal R/O Moominabad Anantnag, Bashir Ahmed Bhat R/O Kapran Dooru, Mohd Yousuf Malik R/O Kokernag and Jumma Khan and Juma khan (IInd), both residents of Brari Angan were killed during the operation. The widespread protests over the killing of five civilians had rocked Anantnag during which 8 protestors were killed at Brakpora.
The then Chief Minister Dr Farooq Abdullah had announced judicial inquiry to probe the matter following which fact finding report was made public, but after take over from Farooq Abdullah , Muft Mohd Sayeed announced CBI probe into the matter. The CBI inquiry report found five army officials guilty in the killing of five civilians. Those found guilty are Birgadier Ajay Saxena S/O Arjun Narain Sharma, Lt. Col. Barjinder Pratab Singh S/O R.C.Singh R/O Ramgadh Jarkhand, Major Soorab Sharma S/O Om Prakash, Sobedar Idrees Khan S/O Sher Ali Khan and Major Ameet Saxena S/O Ravinder Prakash Saxena . Consequently charge sheet was produced against them in the court of Chief Judicial Magistrate. |
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