SC asks Army to decide how to try personnel involved in fake encounter cases

Army personnel were allegedly involved in the killing of 7 persons in an alleged staged shootout at Pathribal in Jammu and Kashmir 12 years ago.

In the event of the accused officers being tried by the regular criminal courts,the Centre shall consider the CBI’s plea for sanction within three months,the apex court said.

The bench had reserved its verdict on April 23.

Earlier,while concluding their arguments,Additional Solicitor General Harin Raval and senior counsel Ashok Bhan,appearing for CBI,had reiterated that Army personnel involved in the alleged fake encounter have no immunity from prosecution.

CBI had earlier told the special bench that it was a case of “cold-blooded murder and the accused officials deserve to be meted out exemplary punishment.”

CBI had contended that no prior sanction was required for prosecuting the Army personnel and the need to ensure “public confidence in the rule of law and dispensation of justice” warranted their prosecution.

“Our investigations have revealed it was a fake encounter and cold-blooded murders. If public confidence in the rule of law and dispensation of justice is to be sustained,the accused officers deserve to be meted out exemplary punishment,” Bhan had told the bench.

CPI-M for stringent action in fake encounter cases in J-K

State secretary of CPI(M) M Y Tarigami today said those involved in staging fake encounters “in the name of security” in Jammu and Kashmir should be brought to justice.

“Governments have to be answerable. Those who have staged fake encounters in the name of the security (of the country),and others involved in it have to be brought to justice”,Tarigami told reporters.

He was reacting to the Supreme Court’s verdict today in the Pathribal fake encounter case.

The Supreme Court today asked the Army authorities to decide whether its personnel accused of fake encounter killings in Jammu and Kashmir and Assam should be tried by court-martial proceedings or by regular criminal courts.

Tarigami,who is a member of the Jammu and Kashmir Assembly,said people’s pressure will force the government to come up with answers in the fake encounter cases.

“We know justice will take time but people have the power to force governments to become accountable,” he said.

Omar to ‘wait and see’ Army response in Pathribal case

Jammu and Kashmir Chief Minister Omar Abdullah today said he would “wait and see” whether army opts for court martial or civil court trial of the accused personnel in the Pathribal case in the wake of Supreme Court verdict on the alleged fake encounter killings.

“What’s to react to? Court has set a time line now we see which the army chooses – court martial or (civil court) trial. Let’s wait and see,” Omar said on microblogging site Twitter.

Omar was responding to a query on Twitter where his response sought on Supreme Court’s ruling on the Pathribal case.

The Supreme Court today asked the Army authorities to decide whether its personnel accused of fake encounter killings in Jammu and Kashmir and Assam should be tried by court-martial proceedings or by regular criminal courts.

A bench of Justice B S Chauhan and Justice Swatanter Kumar said that if the Army authorities were not keen on court-martial proceedings,then the CBI can seek sanction from the Centre for prosecution of the Army officers.

CBI had charge sheeted five army personnel including four officers in the Pathribal case. The CBI had filed the charge sheet before the Chief Judicial Magistrate in Srinagar in 2006. The investigating agency did not seek sanction for prosecution maintaining that the army officers were not acting as per line of duty.

However,army unsuccessfully challenged the charge sheet before CJM court and High Court saying it should be returned as prior sanction had not been sought.