Local rejects Court Martial in Machil killings

Sanam Aijaz

Srinagar, July 15: While as police filed charge-sheet against eight army soldiers including a Colonel and two Majors, a local court in Sopore Thursday rejected the court martial trial faked killings along the Line of Control in Machil sector in April this year.

Sources said that police filed the Challan before the Chief Judicial Magistrate here, charging eight army men—Colonel, two Majors, four personnel besides local Territorial Army personnel and three under various sections of RpC including 302 (murder), 364 (Kidnapping or abducting), 120B (Concealing design to commit offence punishable with imprisonment) and 34 (act done with common intention).

The accused army men include Colonel D K Pathania, Major Moriya Ajutant, Major Opinder, Sobidar Sadbeer Singh (belt No2787577H), Sepoy Chander Ban (3007614N), Sepoy Naginder Singh (3008812L), Sepoy Narinder Singh (3004985L) and TA man Abbas Ahmad Shah.

Meanwhile, the Chief Judicial Magistrate Sopore, Qaunser Ahmad Qureshi rejected the court martial plea by army.

“It has been submitted by the police investigating officer in its challan that the accused Army personnel have not been handed over to him by military authorities during investigation, especially for the purpose of filing charge-sheet. In the said circumstances of the case, the provisions of section 70 of the army act have no application in relation to the accused persons of army,” reads the order by CJM Sopore.

“The trail of the case in relation to the accused persons too is necessary to be conducted by a civil court. In view of the conjoined reading of the army act 1950, Section 549 CrPC and Court Martial adjustment of jurisdictional rules, the case falls beyond the option of its trial by court martial,” the order adds.

The court has directed Brigadier Commander of 53 Infantry Brigade Machil and the present commander of 4 Rajput to ensure the presence of the accused on the next date of hearing in the case on July 29 so that the civil proceedings move forward.

In a separate order, the court has also directed DIG Baramulla to ensure the presence of the accused in the court on the date of hearing. “Any default on the adherence of the order shall compel court to issue non-bailable warrants against the accused army men,” the order says.

Troops of 4-Rajput unit of Army are in a dock for committing “cold-blooded” murder of three youths from Nadhihal Rafiabad near Sonapindi in Machhil sector of Kupwara district for claiming reward money of Rs 6 Lakhs on 30 this year.

Besides, the army men, the other accused in the case include SPO Bashir Ahmad Lone, his brother Showkat Ahmad and Abdul Hamid Bhat, member of government gunmen.

Police has already arrested the locals, co-accused who allegedly conspired with army men to lure the three youth - Reyaz Ahmad, Mohammad Shafi and Shahzad Ahmad - on the pretext of giving them high paying jobs in Army. The trio were later killed in fake encounter at Machil in April.

Meanwhile, the court send the local accused include TA army men to judicial remand and directed superintendent of police to produce them before the court on till July 29.

Edgy situation lingers in Kashmir

Sanam Aijaz

Srinagar, July 15: People confined in their homes, thousands of police and security force personnel guarding deserted streets and demonstrations in certain areas quite sums up the present situation in Kashmir valley.

The normal life remained crippled for the eleventh consecutive in wake of the restrictions by state administration and shutdown by separatists against the recent 15 killings including that of a nine year old boy and 25-year-old woman.

The people in certain areas continued with the road side sit-ins including at many places in Srinagar, the summer capital of the state. While as the authorities eased restrictions in the capital city, the sit-ins were held at Nawa Kadal, Naid Kadal, Rajouri Kadal, Rainawari, Khanyar, Fateh Kadal, Nawab Bazar, Lal Bazar, Saida Kadal and other areas

Police and security forces also resorted to baton charge to disperse a group of women in Rambagh, the locals said.

Police and security forces were prompted to fire tears smoke shells in Basant Bagh area of the civil lines and Pampore on Srinagar-Jammu highway in the outskirts of the Srinagar.

Reports of sit-ins were also received from in parts of Anantnag, Baramulla, Kulgam and Pulwama districts

Shops, businesses, banks, courts and educational institutions remained closed. Public transport remained off the roads on most of the routes

Meanwhile, authorities are likely to impose severe restrictions at district headquarters in all districts of the valley in wake of the march call by separatist Hurriyat Conference. The separatists have called people to don while cloths while marching towards district headquarters while it has asked people in Srinagar to march towards Batamaloo where two persons were killed in the recent clashes.