Shift military court to Kashmir: PDP
Srinagar: Hitting hard at government, Peoples Democratic Party (PDP) on Friday demanded for transfer of the court martial proceedings in the Pathribal fake encounter case from Jammu to Srinagar or Anantnag.
The demand was raised by a senior PDP MLA, Peerzada Mansoor, during Zero Hour Session in the state legislative assembly.
“The court martial proceedings in the Pathribal fake encounter case should be transferred from Nagrota Army camp in Jammu to either Srinagar or Anantnag,” Mansoor demanded.
He reminded that House that even the CBI has termed the killing of fove civilians as cold-blooded murder by the army.
Army has been conduction the court martial proceedings at Nagrota Jammu after the Supreme Court of India allowed it to choose how it wanted to proceed in the case.
“It should be shifted to Srinagar or Anantnag for the convenience five of the families of the victims,” Mansoor said. “Tragic part is Army gives summon direct to the families without even consulting district police or local police. Our demand is that summons should be served by a local police.”
In a reply to the demands Speaker Mohammad Akbar Lone said, “For all this I have to see law first then will be decided.”
Five persons were killed in a fake encounter at Pathribal in Anantnag district in March 2000 and deceased were branded as foreign militants responsible for massacre of 35 Sikhs in nearby Chittisinghpora village.
The Indian Supreme Court in May this year had given the army an option to choose how it wanted the officers accused of the Pathribal fake encounter to be tried. The army could either opt for a court-martial or allow regular criminal courts to carry on with the prosecution proceedings. Army chose to take over the case from the magistrate and conduct its own enquiry.
In October this year Army has issued fresh summons to the families, asking them to depose as witnesses in the court martial. The families have, however, once again rejected the proceedings citing lack of transparency.
The General Officer Commanding (GoC) of army’s Jammu-based 16 Corp Lt Gen A S Nandal has asked the families to depose before the army court at Nagrota in Jammu on Wednesday, October 3.
“Whereas hearing of charge will be held at HQ 16 Corps (Nagrota) on October 3 against the accused persons in the Pathribal (fake) encounter case, I do hereby summon and require you to attend as witness...and bring with you relevant documents/material, if any, so to attend from day to day until you shall be duly discharged, when of you shall fail at your peril,” reads the summons issued to the family members of the victims.
Army had earlier issued summons to the families to depose as witnesses on September 20. However, the families refused to participate in the trial after the army rejected their demand of shifting the court martial venue from Jammu to Srinagar. The families are also demanding a counsel of their choice to plead their case and police to accompany them.
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