Excelsior Correspondent
Srinagar, May 29: A local court here today dismissed the applications of Inspector General of Police and relative of the man who was killed in Pathribal fake encounter for directing the CBI Special Branch Chandigarh to submit the whole record of the case and challan and detailed judgment of Army Court before this court.
Inspector General of Police had approached the Chief Judicial Magistrate seeking directions to the army to submit certified copies of the proceeding of Pathribal case. The family of one of the victim-Zahoor Ahmad Dalaal-had also approached court for the same.
The court of CJM headed by V. S. Bhou after going through the submissions of both sides and the information furnished by Brigadier Adjutant Head Quarter 16 Corps and the entire material on record, observed that the effectual proceeding have already taken place.
“So information as required has been forwarded to this court and this court has left with no option but to accept the information report regarding proceeding and information furnished in this context is not required to be accompanied with the record of the case as well as copy of judgment,” the court observed.
The court while refusing to pass direction said the case has not been investigated by the police and in case police is aggrieved of the order passed by the army court, state is at liberty to approach the army for the same.
On the application of the family, CJM in its direction said the applicant-Nazir Ahmad Dalaal (maternal uncle of the deceased) has no such locus to seek records because he is not party to the case so he cannot move an application before the court.
However, the court said the family is at liberty to approach the army to seek copy of the judgment because same is the public document and no such direction can be given on behalf of the complainant by this court.
Both, Police and one of the victim families had approached court to get documents of the court martial proceedings with an aim to move to High Court against the court martial judgment wherein the accused army officials were exonerated.
The victim family has submitted before the court that they are not able to approach the concerned army court or the CBI special branch for obtaining the copy of detailed judgment and also the copy of the challan produced by the CBI before the Srinagar Court.
During the course of hearing, counsel for the army stated that police is not party to the case and hence documents cannot be submitted vide Rule7 (i) of the Criminal Courts and Court-Martial (Adjustment of Jurisdiction).
The standing Counsel for army (non applicant) stated that as per rules the competent military authority has already informed the magistrate that the effectual proceeding has been taken against the accused persons.
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