Pathribal fake encounter case hearing deferred till Feb 8

Srinagar Dec 22 (UNI) A local court here has deferred the hearing in the Pathribal fake encounter case till February 8.

Defence counsel Anil Bhan told the court that the investigation carried out by the CBI was unacceptable to the Army.

Mr Bhan said he has already filed a writ petition challenging the CBI investigation.

The CBI had filed a chargesheet in the court of Chief Judicial Magistrate (CJM), Srinagar on May 11 against five army officials, including a Brigadier, for killing five innocent civilians in a fake encounter at Pathribal in Anantnag district of south Kashmir on March 25, 2000.

After hearing the arguments from both the sides, the CJM deferred the hearing of the case till February 8.

During the last hearing on December 11, the Army had challenged the orders of the CJM and the District and Additional Sessions Judge passed on August 24 and November 30 respectively in which the Army was asked if the accused personnel would be tried in a civil court or court martial initiated against them.

On December 13, the Jammu and Kashmir High Court had also stayed the proceedings of the case in the CJM court.

The Army has maintained that due to the Armed Forces (Special) Powers Act in vogue in Jammu and Kashmir, no defence personnel could be tried unless recommended by the Centre. The Army had also pleaded before the High Court to ask the CBI to revoke its chargesheet as the Home Ministry had not accorded any sanction to it.

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