CBI can prosecute armymen: Court

CBI can prosecute armymen: Court

Riyaz Wani

  Posted: Fri Aug 25 2006, 00:00 hrs 

SRINAGAR, AUGUST 24 : 

A local court here today dismissed the army’s petition that the CBI had no jurisdiction to prosecute the five senior army officials involved in the killing of five innocent Kashmiris in the infamous Pathribal case. 

“The court’s decision has gone in favour of the CBI,” the Investigating Officer, Ashok Kalra, told The Indian Express. 

However, the court has again sought the army’s opinion on whether they would like to go for a criminal trial of the accused or prefer a court martial for them. The army has to make its choice by September 15, when the case will come up for hearing. 

Army’s 15 Corps based at Badamibagh here had filed a petition before the chief judicial magistrate, Srinagar, that the CBI should have obtained prior permission from the Central Government before filing the chargesheet against the armymen. 

“For prosecuting the accused, sanction for prosecution as per the provisions of Section 7 of Armed Forces (J&K) Special Powers Act, 1990 should have been obtained (from the Central Government),” General Officer Commanding Hqrs, 15 Corps wrote to CJM.