Excelsior Correspondent
SRINAGAR, May 1: Chief Minister Omar Abdullah today said he would “wait and see” whether army opts for court martial or civil court trial of the accused personnel in the Pathribal case in the wake of Supreme Court verdict on the alleged fake encounter killings.
“What’s to react to? Court has set a time line now we see which the army chooses – court martial or (civil court) trial. Let’s wait and see,” Omar said on microblogging site Twitter.
Omar was responding to a query on Twitter where his response sought on Supreme Court’s ruling on the Pathribal case.
The Supreme Court today asked the Army authorities to decide whether its personnel accused of fake encounter killings in Jammu and Kashmir and Assam should be tried by court-martial proceedings or by regular criminal courts.
A bench of Justice B S Chauhan and Justice Swatanter Kumar said that if the Army authorities were not keen on court-martial proceedings, then the CBI can seek sanction from the Centre for prosecution of the Army officers.
CBI had charge sheeted five army personnel including four officers in the Pathribal case. The CBI had filed the charge sheet before the Chief Judicial Magistrate in Srinagar in 2006. The investigating agency did not seek sanction for prosecution maintaining that the army officers were not acting as per line of duty.
However, army unsuccessfully challenged the charge sheet before CJM court and High Court saying it should be returned as prior sanction had not been sought. (PTI)
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