SC agrees to examine plea of victims’ kin

NEWDELHI: The Supreme Court on Friday said it would examine a plea filed by the family members of five civilians killed in an alleged fake encounter in Pathribal area of south Kashmir in 2000, seeking CBI trial against the army personnel purportedly involved.

The matter reached the apex court after the J&K high court had dismissed the plea of family members last year. Advocate Nitya Ramakrishnan appearing for Nazir Ahmad Dalal, maternal uncle of Zahoor Ahmad Dalal, who was one of the victims of the alleged fake encounter, said the army has not conducted the court martial against its personnel.

She said the J&K high court was wrong in summarily dismissing the plea. Additional solicitor general Maninder Singh, appearing for the Centre, said he has filed its response to the plea.

The bench said it was listing the matter for final disposal after six weeks and issued notice to the Centre, army and CBI on the plea.

The victim’s kin in their plea had sought resumption of trial before the CBI court, after the Army personnel were exonerated by the court of inquiry.

In 2012, the apex court had given an option of conducting trial against the army men, either through court martial or criminal court, after which the military had opted for the former alternative.

Dalal had filed the plea against the high court’s April 27, 2016, order summarily dismissing the plea of the families seeking criminal court proceeding before a CBI court for alleged killing of five civilians on March 25, 2000.

The CBI had in 2006 indicted five men of the Rastriya Rifles for allegedly killing five civilians, of whom three were dubbed as Pakistani terrorists responsible for the massacre of 36 Sikhs at Chittisinghpura area of Anantnag district. Two other civilians were allegedly claimed to be unknown terrorists.

The state government had ordered the CBI probe into the incidents.