South Asia Human Rights Journalist Association

Srinagar, March 30, 2014 :  In Srinagar, a court  has allowed a plea by the Indian Army for filing objections to an application filed by Inspector General of Police seeking various documents regarding closure of the infamous Pathribal fake encounter case.
The Inspector General of Police has approached the court of Chief Judicial Magistrate Srinagar stating that Pathribal fake encounter case had been closed by the army and hence the Commanding Officer of the unit (16 corps) should be directed to produce the certified copies of the case. He sought the copy of order of CO wherein the army officers involved in the fake encounter were exonerated during court martial.
The other documents sought by police include records of evidence on basis of which the order was passed, the certified copies of the proceedings and other relevant records and material produced before the court martial.
In response to the application, Chief Judicial Magistrate Srinagar, Virender Singh Bahu, while allowing the plea by  Indian Army’s standing counsel put the case for further consideration on April 16.
The Army had killed five persons in Pathribal area of Islamabad district on March 25, 2000, claiming that they were foreign militants who were involved in the massacre of Sikhs in Chitisinghpora area of the same district a few days ago. 35 Sikhs were killed by unknown persons dressed in Indian army uniform at Chittisinghpora on March 20, on the eve of US President, Bill Clinton’s visit to India. Later,
In 2006,  India’s premier investigation agency, the CBI, had confirmed that army's officer including Brig Ajay Saxena, Lt Col Brajendra Pratap Singh, Maj. Saurabh Sharma, Maj Amit Saxena and Subedar Idrees Khan had abducted and murdered five civilians at Pathribal on March 25, 2000. In 2012, Indian Supreme Court gave the army option of conducting court martial or trial in a civil court. However, Army opted for court martial and closed the case on January 25, this year, exonerating all the officers involved in the fake encounter.
Previously, the Army refused to furnish certified copies of the court martial judgment to the family of one of the victim’s of the Pathribal fake encounter case. Pending adjudication by the CJM, the Army has already prayed for rejection of a petition filed by Nazir Ahmad Dalal, maternal uncle of Zahoor Ahmad Dalal, who was one of the victims of the fake encounter.
Finding the contentions raised in the petition as genuine and well-founded  the CJM had directed Brigadier Adjutant to reply to the petition or furnish copies of the judgment alongwith copies of chargesheet and related documents.
However, Indian Army has filed objection to it, claiming that Dalal’s family have no locus standi for demanding the certified copies of the court martial judgment.
The Army’s objection is based on the contention that Nazir Ahmad Dalal was not a party to the proceedings conducted by the Commanding Officer regarding the involved Indian soldiers.
In his petition, Nazir has said that the victims’ kin were interested to agitate the matter before the J&K High Court. Therefore, he had said, all records pertaining to the case are to be furnished to him for seeking the appropriate remedy.