SC slams Army over Pathribal fake killings

Discussion in 'Indian Army' started by Singh, Jan 30, 2012.

  1. Singh

    Singh Phat Cat Administrator

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    SC Slams Army Over Pathribal Fake Killings - India News


    New Delhi: The Indian Army has been severely criticised by the Supreme Court for not deciding if it wants to take action against its officers involved in the Pathribal encounter case. The apex court on Monday issued a notice to the Defence Secretary and the Home Secretary in the March 25, 2000 encounter at Pathribal in South Kashmir in which seven people were gunned down for allegedly being Lashker-e-Toiba terrorists.

    The court asked the Army if it will initiate court martial proceedings against the officers involved in the case. The Centre has to decide whether five Army officials including a serving Major General could be tried under the Army Act in the case.

    A bench of Justices BS Chauhan and Swatanter Kumar gave the direction even as the Centre and the CBI continue to differ on the immunity enjoyed by the Army under the controversial AFSPA (Armed Forces Special Powers Act) and other regular laws in encounter killings.

    According to the Army officials, the seven people killed in Pathribal were allegedly responsible for the gunning down of 36 Sikhs at Chittisingpura in the same district on the intervening night of March 19-20, 2000.

    The case was investigated by the CBI which filed its chargesheet in 2007 against five Army personnel including a Brigadier who later rose to become a Major General.

    However, the trial in the case was stopped after the Army moved Supreme Court claiming immunity for its personnel under the AFSPA whereas the CBI contended that the five had allegedly indulged in murder of civilians for which the immunity could not be provided.

    Additional Solicitor General PP Malhotra, on behalf of the Centre, had denied that any fake encounter killings had taken place in the specific cases pertaining to Kashmir and Assam pending before the apex court.

    SC slams Army over Pathribal fake killings - India News - IBNLive
     
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  3. Ray

    Ray The Chairman Defence Professionals Moderator

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    Has it been proved beyond doubt that it was a fake encounter?

    If so, action is must.
     
  4. lemontree

    lemontree Defence Professionals Defence Professionals

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    It would be very messy to take any action now sir, as the current GOC-in-C Eastern Command was the Bde Cdr in that story.
     
  5. KS

    KS Bye bye DFI Veteran Member

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    Could have been a case of mistaken intelligence tip.

    Locals are known to provide that too take care of their own vendetta.

    In that case the army officers cannot be completely faulted and the most it should be charged with is accessory to murder.

    BTW..I think the next COAS Gen. Bikram Singh is involved in that encounter..
     
  6. Ray

    Ray The Chairman Defence Professionals Moderator

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    I am sure a Sikh officer would not massacre Sikhs.
     
  7. lemontree

    lemontree Defence Professionals Defence Professionals

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    Not the Sikhs sir, but the 7 men mistaken to be LET terrorists.
     
  8. KS

    KS Bye bye DFI Veteran Member

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    You are confusing this with Chattisingpora massacre and fyi, Army was not behind that. It was said that militants in IA camos did that.
     
  9. Singh

    Singh Phat Cat Administrator

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