news details |
|
|
| Army asked to file objection by Nov 13 | | Pathribal encounter | |
Srinagar, November 3: The Additional Session Judge Srinagar granted time to army to file objections against its prosecution on custodial death of five civilians at Pathribal in the year 2000 latest by November 13 this year.
The case came up for hearing before the court of Additional Session Judge Srinagar Gousia Jeelani during which Adocate Anil Bhan, the counsel for five army officers indicted by the court in Pathribal case, contested the objections on grounds that Central Government has not granted sanction for investigating the case to CBI. As Advocate Anil Bhat termed objection of CBI unacceptable, Additional SP, CBI Mr.A.K.Sharma filed objections spread over 10 leaves before the court.
The CBI has mentioned in the objections filed by it before the court that State Government issued an order under SRO 514;Dated:December 19, 2002 in connection with the investigation of killing of five innocent civilians during a fake encounter at Pathribal following which the Government issued another notification vide no:228/54/2002/AVD-II;Dated:January 22, 2003. The date of the incident recorded in the objections filed by CBI is read as March 25,2000, the date on which the case has been shown registered by CBI under FIR No:15/2000.
A case under FIR No:85/2000, according to CBI, has been registered at P/S Mattan in which five persons killed in Panchaal Pathribal have not been shown involved in the mass killing of Sikhs at Chattisinghpora. The CBI during the course of course investigation has revealed that members of 7RR unit were under mental stress for the reasons of being desperate in naming those involved in mass killing of Sikhs at Cattisinghpora, as the killings had triggered massive protests all over the valley.
Five civilians identified as Juma Khan S/O Ameerullah Khan and Juma Khan S/O Faqirullah Khan, both residents of Brari Angan Achabal, Zahoor Ahmed Dalal R/O Moominabad Anantnag, Bashir Ahmed Bhat R/O Kapran Dooru and Mohd Yousuf Malik R/O Kokernag were arrested and killed in fake encounter. The bodies of all the five civilians, according to CBI, were mutilated to the extent that their identification too was a difficult job. Army, according to CBI, named five civilians killed in a fake encounter at Pathribal, involved in massacre of Sikhs at Chattisinghpora.
After completing the whole investigation CBI claims to have produced charge sheets against Birgadier Ajay Saxena, Major Sorabh Sharma,Sobedar Idrees Khan and Major Ameet Saxena in the court of Chief Judicial Magistrate Srinagar on May 11. The killing of five civilians is shown to have been proved under U/S 4 and 5 of Arms Act 1990 in the charge sheets submitted by CBI. The army, according to CBI, has killed five civilians despite not being on duty by misusing its powers. Ruling out the need for a court martial in this case, CBI has sought prosecution of five army officers responsible in the killings in a civil court.
Quoting the reference of a case titled Balbir Singh V/S Punjab Government, CBI has claimed to have produced charge sheet against Balbir Singh who was accused killing many innocent civilians. The accused Balbir Singh was, according to CBI, punished by the court accordingly. The CBI claims to have granted time to army for either prosecution of indicted officers in the civil court or court martial against them on August 28, 2006, when it produced charge sheets before the court of Chief Judicial Magistrate Srinagar. However army did not let the court know whether it favours prosecution of accused army officials or not. Following the arguments of CBI, Advocate Anil Bhan, the counsel for army, sought time for filing objectins which he was granted by the court. The court directed him to file objections by November 13, 2006.
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
