The Baramulla sessions court has remitted the 2010 Machil ‘fake’ encounter case back to the Chief Judicial Magistrate (CJM) at Sopore for complying with the orders of the High Court, which had permitted the Army authorities to try Territorial Army (TA) rifleman Abbas Hussain Shah under the court martial proceedings.
Follow up:
Posting the matter for April 29, the CJM, Sopore, is now expected to issue a formal notice to the Commanding Officer of the concerned TA unit before handing over the custody of Abbas to the Army for subjecting him to general court-martial proceedings.
Abbas is currently in judicial custody and his trial was on in the Baramualla sessions court along with two other civilians accused in the Machil ‘fake’ encounter case.
Acting on a review petition by the Army in the 2010 Machil ‘fake’ encounter case, the Jammu and Kashmir High Court had on March 19 given the Army two weeks to take a decision for either trying Abbas in the civil courts or subjecting him to the general court-martial proceedings.
“Acting on our plea, the Baramulla sessions court, which was holding the trial of the accused in the Machil case, has remitted the case file back to the CJM, Sopore, who is now expected to issue a formal notice to the Commanding Officer concerned to exercise his options under Section 125 of the Army Act,” said standing counsel for the Union of India Karnail Singh Wazir, who had filed the petition before the Baramulla trial court on behalf of the Army.
Before handing over his custody to the Army, the CJM, Sopore, is supposed to issue a formal order in this regard, Karnail said, adding that the matter is posted before the CJM on April 29.
On July 15, 2010, the police had presented a charge sheet against the accused under Section 302 before the CJM, Sopore.
“It is prayed that the order passed by the High Court on July 4, 2012, be reviewed to the extent that the CO of the 161 Territorial Army of rifleman Abbas Hussain Shah be allowed to exercise the option under Section 125 of the Army Act for seeking his custody,” the Army had submitted in its review petition before the High Court. The petition was allowed by the High Court in March this year.
The High Court in its July, 2012, judgment in the Machil fake encounter case had said accused No. 1 to 3 (two civilians and TA rifleman Abbas) should be dealt with by the CJM, Sopore, under law. For accused No. 4 to 11 (eight Army personnel), it had directed for bifurcating the charge sheet and handing over the accused to the Commanding Officer concerned for their trial before a general court-martial.
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