JKHC extends stay on Pathribal encounter case till Feb 28

Srinagar, Dec 29 (UNI) The Jammu and Kashmir High Court today extended the stay on the proceedings of the Pathribal fake encounter case in the court of the Chief Judicial Magistrate (CJM), Srinagar till the next date of hearing on February 28.

A Single Bench of Justice J P Singh had summoned for perusal the records of proceedings of the case.

Justice Singh heard the arguments from both the sides.

CBI counsel Shabir Ahmed Naik pleaded for dismissal of the review petition filed by five Army officers chargesheeted by the premier investigating for allegedly killing five civilians in a fake encounter at Pathribal in Anantnag district in 2000.

He said the petition be declared ''illegal'' as the XV Corps General Officer-in-Commanding (GOC) has no ''authority or right'' to appeal against the chargesheet.

Pleading the case on behalf of the Army personnel, senior counsel Anil Bhan pointed out to many ''shortcomings and loopholes'' in the CBI chargesheet. He also urged the court to dismiss the charge-sheet as ''illegal''.

The Army has maintained that it would not be able to initiate court martial proceedings against the five personnel -- Brigadier Ajay Saxena, Lt Col (then Major) Bijendra Pratap Singh, Major Sourabh Sharma, Major Amit Saxena and Subedar Idrees Khan -- without prior sanction for prosecution from the Centre.

After hearing the arguments, Justice Singh extended the stay on the hearing of the case in the CJM's court till next date of hearing on February 28.

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