Macchil fake encounter: J-K HC asks Army to decide on trial

Jammu and Kashmir High Court today directed Army to decide within two weeks whether it would try the Army personnel involved in Macchil fake encounter in a General Court Martial or allow a trial in the civil court.
Justice Hasnain Masoodi, while allowing the review petition of the Army against a subordinate court order, directed the Army to take a decision within two weeks from today.
Three youths hailing from Nadihal village in Baramulla district Reyaz Ahmad, Mohammad Shafi and Shahzad Ahmad -- were allegedly shot dead in a fake encounter in Macchil area of Kupwara district in April 2010 and later branded as infiltrators from Pakistan occupied Kashmir.

The slain youth were allegedly lured by a former SPO Bashir Ahmad Lone and his accomplices to Macchil on the pretext of providing them high-paying jobs and handed over to the Army for Rs 50,000 each.
Three officers, including a Colonel and two Majors, were among 11 people charge sheeted by the state police in connection with this encounter.
The charge sheet has named Col D K Pathania, Major Maurya, Major Upendra, Subedar Satbir, Hawaldar Bir Singh, Sepoys Chandra Bhan, Nagendra Singh and Narendra Singh and Abbas Hussain Shah of the Territorial Army (TA) besides two civilians Basharat Lone and Abdul Hamid Bhat as the accused.

They have been charged under sections 302 (murder), 364 (abduction), 120-B (criminal conspiracy) and 34 (common intent) of the Ranbir Penal Code (RPC).

Col Pathania was removed from the command of his unit while Major Upendra, who was the second officer, was suspended after the Army ordered an internal inquiry into the incident.
Army had filed a petition before the High Court challenging the jurisdiction of the Chief Judicial Magistrate (CJM) Sopore for passing the order in July 2010 in which he rejected the plea for trying the accused in court martial.
Justice Masoodi cited last year's Supreme Court ruling in the Pathribal killings case in which army was directed by the apex court to either try the accused army personnel in GCM or allow civil court trial.