Before Army commander intervened, only 5 were convicted

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“The General Officer Commanding-in-Chief, Northern Command, Lt Gen D S Hooda has confirmed the sentence of the Summery General Court Martial (SGCM) in the Machil encounter case,” Colonel S D Goswami said.

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While the convicts are within their rights to challenge the verdict in the Armed Forces Tribunal (AFT), the six — Colonel Dinesh Pathania, Captain Upendra, Havildar Devendra Kumar, Lance Naik Lakhmi, Lance Naik Arun Kumar and Rifleman Abbas Hussain — will be dismissed from service and sent to prison for 14 years.

Expressing satisfaction over the verdict, an Army officer posted in the Srinagar-based 15 Corps said on condition of anonymity, “The Machil encounter had put at stake the image of the Army. It sent out a signal to the world that a few greedy men had killed three innocent people to earn medals. The verdict has brought the case to its logical conclusion.”

Another officer said the sentencing by the Army had sent out the right signal — that the justice system within the armed forces is robust. “The Army carried out the GCM and sentenced the six. This shows criminals cannot escape the justice system within the Army.”

While none of the six convicts found support within the Army, some officials criticised the verdict saying “it took too long”.

“The Armymen belong to Rajputana Rifles and the regimental spirit — which is otherwise a boon — leads to incorrect practices at times. The verdict in the case gained momentum after the change in the top leadership of the Army. While it is a welcome development, a speedier verdict is always desirable in such cases,” an officer said.

The case dates back to April 2010, when three youths from Nadihal village near Baramulla were lured by jawans, who promised them porter jobs with the Army.

The three were taken to the Line of Control and shot dead by officers and men of the 4 Rajputana Rifles unit of the Army.

The three were later termed terrorists and the Army claimed they had been killed in a fake encounter. In May 2010, after the police exhumed the bodies, the Army ordered an inquiry into the incident.

The encounter was followed by widespread protests and the Army ordered GCM in December 2013. Presided over by Brigadier Deepak Mehra of the 68 Mountain Brigade, the GCM awarded life terms to five in September 2014.

When the file was sent to the Northern Army Commander, he returned the file asking why Hussain was exonerated. The GCM convicted Hussain, a TA jawan, and sent the file back to Hooda who confirmed the life terms to the six.