Srinagar: One of the victim families of 2000 Pathribal fake encounter has filed an application before Chief Judicial Magistrate here, urging the court to direct CBI and the Army authorities to submit whole record as well as judgment of the court martial before it.
The application was been filed on behalf of Nazir Ahmad Dalal, maternal uncle of Zahoor Ahmad Dalal, who was one of the victims of the fake encounter, said general secretary of Kashmir High Court Bar Association, advocate Mohammad Ashraf.
In the application, Nazir submitted that his sister’s son, a resident of Moominabad, Anantnag was murdered along with four other civilians by the soldiers of Army’s 7 Rashtriya Rifles and police at Pathribal on March 25, 2000.
In 2006, India’s premier investigation agency, the CBI, indicted Brig Ajay Saxena, Lt. Col. Brajendra Pratap Singh, Maj. Sourabh Sharma, Maj. Amit Saxena and Subedar Idrees Khan for the cold-blood murder of the five civilians at Pathribal.
However, last week on January 23, the Army informed Chief Judicial Magistrate Srinagar via communication that no prima facie case was made against its accused men following a court martial by it.
“The challan was produced by the CBI Special Branch Chandigarh before this court against the Army officials and the court has handed over the challan to the concerned Army officials for court martial in view of the direction of the Supreme Court,” the applicant said.
He said the court martial has closed the case of the CBI and only a letter has been forwarded to CJM Srinagar for Information.
“It is mentioned that the challan is closed as no prima-facie case is made against the accused, but no detailed judgment has been produced before this court which was mandatory for the court martial,” Nazir said in the application filed through advocate Ashraf.
“The family members of the civilians who were killed in the fake encounter are not able to approach the Army court or the CBI Special Branch Chandigarh for obtaining the copy of detailed judgment and also the copy of the challan,” Ashraf said.
He said the victims’ kin were interested to agitate the matter before the J&K High Court. Therefore, he said, all records pertaining to the case are to be furnished to the applicant for seeking the appropriate remedy.
“It is therefore, prayed that the CBI Special Branch Chandigarh be directed to submit the whole record of the case/challan before this court and the Brigadier Adjutant Head Quarter 16 Corps C/o 56 APO may also be directed to submit the detailed judgment for perusal.”