Srinagar 31 july 2010
There was no hearing in the revision petition filed by army with regard to court martial trial in faked killings of three youths along the Line of Control in Machil sector of Kupwara in April this year.
Principal District & Sessions Judge, Baramulla Gous-ul-Nissa-Jeelani was to hear the army revision petition against the orders of Chief Judicial Magistrate Sopore, Qaunser Ahmad Qureshi, rejecting the court martial trial of the army.
However, sources said that due to the prevailing curfew and tense situation in the north Kashmir, no hearing could take place.
The CJM Sopore, on July 15 rejected the court martial plea by army, observing that trail of the case in relation to the accused persons too was 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 court had observed.
The court had also 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 had 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.
Later the army filed a revision petition before the session court who served notice to the state to file objections, if any while called for records on July 29. Later, court listed the case for hearing today.
Police in its charge sheet has indicted a Colonel, two Majors, four personnel besides local Territorial Army personnel and three locals under section 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 A man Abbas Ahmad Shah.
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 in connection with the “cold-blooded” murder of three youths from Nadhihal Rafiabad near Sonapindi in Machhil sector of Kupwara district for claiming reward money.
Police has already arrested the locals, 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.
Principal District & Sessions Judge, Baramulla Gous-ul-Nissa-
However, sources said that due to the prevailing curfew and tense situation in the north Kashmir, no hearing could take place.
The CJM Sopore, on July 15 rejected the court martial plea by army, observing that trail of the case in relation to the accused persons too was 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 court had observed.
The court had also 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 had 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.
Later the army filed a revision petition before the session court who served notice to the state to file objections, if any while called for records on July 29. Later, court listed the case for hearing today.
Police in its charge sheet has indicted a Colonel, two Majors, four personnel besides local Territorial Army personnel and three locals under section 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 A man Abbas Ahmad Shah.
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 in connection with the “cold-blooded” murder of three youths from Nadhihal Rafiabad near Sonapindi in Machhil sector of Kupwara district for claiming reward money.
Police has already arrested the locals, 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.
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