SC gives six weeks to CBI, Center, and Army to submit their response on the “Pathribal Encounter” case

Team SoOLEGAL 21 Aug 2017 10:26am

SC gives six weeks to CBI, Center, and Army to submit their response on the “Pathribal Encounter” case

The Supreme Court on Friday issued notice against CBI, Center and Indian Army after a Petition filed by Victim’s kin, challenging the Jammu Kashmir’s High Court Decision of challenging the petition filed against Army’s order to shut the proceedings against five army officials involved in the March 2000, “Pathribal Encounter” case which rocked the valley 17 years ago.

A bench headed by Justice Deepak Mishra, also comprising Justice A.M. Khanwilkar, and Justice M.M. Shantagoudar issued notice on August 18 against all major accused and gave them six weeks to respond.

The case is branded impunity by the petitioner, alleged the Army of staging a fake encounter in order to avoid the humiliation of public criticism in the case of Chittisinghpora massacre of Sikh villagers just five days prior to it.

According to the petition filed by the kin of the victims, accused that the cold-blooded murder of five men performed by the Jawans of Rashtriya Rifles was against the law and the violation of Right to life. Even so, the DNA testing performed by the Government Laboratory, also confirmed that the victims are the common villagers, not Pakistani Militants belonged to Lashkar-ye- Taeba, as had been claimed by the army in the FIR lodged soon after the “encounter”.

Advocate Nitya Ramakrishnan appearing for the petitioner, questioned the closure of case by the army. 

On the other hand, Additional Solicitor General appearing for respondents said that the Government will submit their response in the matter.

The SLP filed by the petitioner challenged the Jammu Kashmir High Court’s order of dismissing a writ petition against Military’s decision of closing the case proceeding against the five officers who were alleged of committing the crime.

Later, the court observed that the State police and CBI investigation discovered that the encounter was fake and squarely indicated the five officers as responsible for the murder of five innocent men.

The CBI also discovered that the army fudged the records and tried to cover it. They also stated that the victim suffered 98% burn injuries along with bullet injuries, indicating that a victim cannot suffer such extensive amount of burn injuries in a genuine encounter. Hence, claimed that the encounter was stage managed and the burn injuries was an attempt to destroy their faces in order to cover up their identity.

The dead bodies were discovered by the five State Police officials on March 26, 2000 at Panchaltan Forest. Thus, the identity of victims and killers was no doubt and established in records. The relatives identified them through their clothing and other body marks because the body burns were too severe to identify them.      

DSP’s probe also held the encounter was fake and staged by the army.     

Read the Judgment Here:

Supreme Court   Justice A.M. Khanwilkar   Pathribal Encounter case  

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