Army petition in Pathirbal killing dismissed

By Staff
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Google Oneindia News

Srinagar, Dec 1 (UNI) A local court has rejected a revision petition filed by the five army personnel accused of killing five civilians in a fake encounter in south Kashmir more than six years ago.

Dismissing the revision petition the Additional District and Sessions judge Gousia-un-Nisa Jeelani directed the accused to appear in court of Chief Judicial Magistrate (CJM) M Y Akhoon on December 19, the next date of hearing.

However, the judge directed the CJM to give another opportunity to the army to decide whether they want to hold court martial proceedings against the accused or let the civil court try them.

The accused through their counsel said no court martial could be initiated against them without the sanction for their prosecution from the Centre.

In the last hearing in the court of CJM on November 13, the army had said it would not be able to initiate court martial without sanction for prosecution from the Centre against the five accused.

The counsel for General Officer Commanding of the 15 Corps, arguing before Justice Jeelani, said prior sanction from the Centre was necessary for initiating court martial against the accused.

The five army personnel are facing charges of killing five local innocent youths at Pathribal in Anantnag district after labelling them as foreign militants who were responsible for the killing of 40 members of the Sikh community at Chatisinghpora on March 2000 when the then United States President had arrived in New Delhi.

However, after a massive protest by the local people, the bodies were exhumed and later identified by their relatives through their clothes and other belongings.

The case was handed over to Central Bureau of Investigation (CBI).

UNI BAS SI SSC1411

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