Colonel,two Majors charged

The three civilians named in the chargesheet are counter-insurgents Bashir Ahmad,Abdul Hameed and Territorial Army personnel Abas Shah. The three,who are already in police custody,had revealed involvement of senior Army officers in the case,said sources.

Among others named are former Commanding Officer of the 4 Rajput Rifles Col D K Pathania,who was attached after the fake encounter case came to light,and Major Upinder,who has been suspended. All the accused have been booked under sections 302 murder,364 kidnapping,120B concealing design to commit offence punishable with imprisonment and 34 act done with common intention of the IPC.

CJM Kausar Ahmad Quershi said the police investigating officer in his challan chargesheet has stated that the accused Army personnel have not been handed over to him. In the said circumstances of the case,provisions of Section 68 of the Army Act have no application in relation to the accused persons of Army, the court noted.

The CJM directed the commander of 53 Infantry brigade and the present commanding officer of 4 Rajput Rifles to ensure the presence of the accused on the next date of hearing,fixed for July 29.

In a separate order,the court also directed the Deputy Inspector General of Police,Baramulla,to ensure presence of the accused in the court on the next date of hearing.