Kashmir court rejects Army plea in fake gunfight case of cleric

Srinagar, July 19 (UNI) In a significant decision, a local court today dismissed an Army petition, challenging the jurisdiction of Jammu and Kashmir Police in charging its personnel, including a Colonel, with abduction and fake encounter killing of a cleric.

Chief Judicial Magistrate (CJM), Srinagar, Mohammad Iqbal had on Saturday reserved his orders in the case pertaining to abduction and fake encounter killing of cleric Moulvi Showkat Ahmad Kataria of Banihal for today.

The court also directed the Army to decide within two weeks whether to initiate civil proceedings or go for court martial against the accused.

The Army had challenged the jurisdiction of the Special Investigation Team (SIT) of the police to probe the alleged fake encounter killings of five civilians on the grounds that it had not obtained sanction from the Union Home Ministry.

The SIT had on April 12 charged five Army personnel, identified as Col Vikram Singh, Major Rishi, Puran Singh, V K Sharma and Satpal Singh besides five police officials, including SP Hansraj Parihar, his deputy Bahadur Ram and four men of their escort, and a civilian with murder of the 27-year-old cleric.

Moulvi Kataria, who led prayers at a mosque at Alamgari Bazaar here, went missing on October 5 last year. Later, it was revealed that personnel of 13 RR and the SOG had killed him allegedly in a fake encounter at Baazipora Ajas in Bandipora district.

In the FIR, Moulvi Kataria was labelled as Abu Zahid of Karachi, Pakistan. Security forces had also claimed that he was killed in multiple ambushes and that an AK-47 rifle, some grenades and a wireless set were seized from his possession.

The CJM pronounced the judgment in the presence of the chief prosecuting officer and the defense counsel.

UNI