HC directs Army to file response in two weeks

Thursday, 23 02 2012 10:07

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Machhil Fake Encounter case
Srinagar, Feb 22: In the Machhil fake encounter killing case, the Jammu and Kashmir High Court (HC) Tuesday directed the Defense Ministry to file response to a petition by the victim families seeking impleadment as party respondents.
The bench of Justice Muzaffar Attar directed the Defense Ministry to file its response in two weeks. The case has been posted after three weeks.
The families of the three civilians, have owing to what they allege as “half-hearted efforts by the government counsels in taking the involved Army soldiers to the task”, hired a private lawyer for the purpose.
They engaged senior lawyer Mian Abdul Qayoom and filed an affidavit that they want to be made a party to the case. After almost two months, the case was listed and the court directed the Defense Ministry to file its response.
The case relates to three youths hailing from north Kashmir killed by the officers of 4 Rajput Rifles at Machhil on April 30, 2010 in a staged encounter and later on passed as foreign militants.
On April 29, 2010, two counter-insurgents along with a Territorial Army personnel lured three youth, Shezad Ahmad, Riyaz Ahmad and Mohammad Shafi hailing from Nadihal village of Baramulla to Kalaroos village on the Line of Control with a promise of job and money. But there these youth were killed by the troopers of 4 Rajput near Sona Pindi post in Macchil Sector of Kupwara and later dubbed as foreign infiltrators.
On December 30, 2010, the High Court had stayed Baramulla Sessions court order, besides staying the proceedings in the Sopore Chief Judicial Magistrate’ court regarding the case.
The stay was granted after Army filed a revision petition against the Baramulla Sessions and Sopore CJM court’s order under article 226, 227 (read with section 561), seeking quashment or the stay of the lower court orders, which had rejected the Army plea for the court martial of the accused troopers in the Macchil fake encounter.
In his orders (dated December 13, 2010), the Principal District and Sessions Judge Baramulla had dismissed Army’s petition seeking revision of the order passed by Sopore CJM court which had rejected the court martial option for the accused army personnel.