The Army is filing a revision plea against a Sopore court order,rejecting its request to court martial its men accused in the Macchil fake encounter case.
I have already moved an application seeking the verified copy of the order in the Chief Judicial Magistrate,Sopore rejected the option of a court martial trial in the fake encounter case, Armys lawyer Karnail Singh Wazir said.
Wazir said the CJM had observed that the commanding officer cannot exercise the option under section 69 and 70 of the CrPC since the offence came under section 302.
The services in Kashmir are declared as active services so commanding officer has every jurisdiction to go for a court martial and exercise the option under Army Act 125,read with section 459 of CRPC, he said. The plea has been posted for hearing on Monday.
While asking Army to hand over the accused men to police,CJM Kausar Ahmad Qureshi had on Thursday said the trial of the case in relation to the said accused persons is necessary to be conducted by a civil court.
In view of the conjoined reading of Army Act,1950… the case falls beyond the option of its trial by court martial, he said.