Kashmir court reserves order on Pathribal case

Srinagar, Nov 14 (UNI) A local court today reserved till November 30 its judgement on the Pathribal case in which the Army has been charged with killing five innocent civilians in a fake encounter in 2000.

As per directions, the Army submitted before the Additional Sessions judge its written objections in support of its claim that the case should not be heard in a civil court.

While hearing the case yesterday, the judge had asked Defense counsel advocate Anil Bhan to file written objections stating the case against the Army could not be proceeded in a civil court.

Mr Bhan had submitted verbal objections stating that in lieu of the Armed Forces (Special) Powers Act in vogue in the state, a lawsuit against the Army cannot be taken up in a civil court.

Five senior Army personnel, including a Brigadier, have been accused of killing five innocent civilians in a fake encounter at Pathribal in Anantnag district of south Kashmir on March 25, 2000.

Brigadier Ajay Saxena, Lt Col (then Major) Bijendra Pratap Singh, Major Sourabh Sharma, Major Amit Saxena and Subedar Idrees Khan, then attached with 7 RR, had allegedly killed the five civilians -- Zahoor Ahmed Dalal of Mominabad, Mohammad Yousuf Malik of Kokernag, Bashir Ahmed Bhat of Kapran Dooru, Juma Khan (son of Faqeer Khan) and Juma Khan (son of Sher Ali Khan) of Brari Angan -- in a fake encounter and later dubbed them as foreign militants responsible for killing 36 Sikhs at Chattisinghpora village in Anantnag district on March 20, 2000.

The CBI had taken up the investigations and filed a charge-sheet against the Army in a local court here on May 11 this year.

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