The J&K High Court on Wednesday said Army has every right to conduct trial of its own men and quashed orders passed by lower courts that had rejected the court martial option in the 2010 Machil fake encounter case.
Justice Hasnain Masoodis order cleared the decks for court martial of the accused Army men.
Ministry of Defence counsel Karnail Singh Wazir told The Indian Express that he would now seek the custody of the Territorial Army personnel who is in custody. The court quashed the two previous orders of Chief Judicial Magistrate Court in Sopore and Principal Sessions Court in Baramulla that had rejected the court martial option in the case.
In December 2010,the Army had filed a revision petition in High Court against the lower courts orders.
Three persons,including the Territorial Army personnel,are under detention in connection with the case.
On April 29,2010,two counterinsurgents along with the Territorial Army jawan allegedly lured three young men from Nadihal village Shezad Ahmad,Riyaz Ahmad and Mohammad Shafi to Kalaroos on the LoC with the promise of job and money.
The three were killed by troopers of 4 Rajputana Rifles near the Sona Pindi post and dubbed as foreign infiltrators.
The J&K Police have produced chargesheet against an Army Colonel,two Majors,five soldiers and three civilians in the fake encounter case.