SC stays trial of five Army officers
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Chittsingpora
SC stays trial of five Army officers
Legal Correspondent
http://www.tribuneindia.com/2007/20070914/nation.htm#10
The Supreme Court today stayed the trial proceedings against five Army officers charged with killing five “innocent” persons after branding them as terrorists allegedly involved in the massacre of 36 Sikhs in Chittisinghpora seven years ago on the eve of then US President Bill Clinton’s visit to India.
A Bench of Justices B.N. Agrawal and P.P. Naolekar stayed the trial against the officers after additional solicitor general Vikas Singh made a special mention about an appeal of the Defence Ministry against the prosecution of its serving officers without obtaining sanction from competent authority required under law and the military rules.
The officers include, Brig Ajay Saxena, who was the commanding officer of 7-Rashtriya Rifles at that time, Lt Col Brajendra Pratap Singh, Saurabh Sharma and Amit Saxena (both holding rank of Major) and Idris Khan a JCO. While staying the trial, the apex court issued notices to the prosecuting agency CBI and Jammu and Kashmir Government after seeing their responses.
The attack in Chittisinghpora had taken place on March 20, 2000, and the five alleged militants were killed on March 25 in an operation carried out by the officers jointly with the police.
The ministry approached the apex court after the trial court and Jammu and Kashmir High Court had rejected their plea that prior sanction for chargesheeting any government officials being prosecuted for any act performed in the course of their duty was mandatory under law.
Though it was alleged that the five persons killed by the accused officers in a joint operation with police were not militants, the special leave petition filed in the apex court said they were “terrorists” and were identified as such by SSP Anantnag.
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