Machil Fake Encounter: How the Army’s lies were nailed By Rouf Bhat April 30, 2010: Indian Army claims to have foiled an infiltration bid by killing three insurgents near the Line of Control (LoC) in Machil Sector of Kupwara. Army spokesperson Lt Col JS Brar said this was the first infiltration bid of the year in which two of its troopers were also wounded. Army claimed to have recovered five AK assault rifles and a pistol from them. May 10, 2010: The parents of three local youth – Shehzad Ahmad, Riyaz Ahmad and Mohammad Yusuf Lone – of Nadihal Baramulla, who had disappeared from their homes in April, file a complaint at Panzulla police station, accusing a counter-insurgent, Bashir Ahmad Lone, of kidnapping their sons on the pretext of lucrative jobs. May 27,2010: Bashir Lone and Abdul Hamid Bhat are arrested after the investigation established that the three “insurgents” killed were locals. May 28,2010:Jammu Kashmir government led by chief minister Omar Abdullah orders a magisterial probe into the fake encounter. Following the widespread condemnations over its conduct and camouflaging of the whole affair, Army’s GoC Northern Command too orders an internal probe to inquire into the incident May 28, 2010:Police arrests Abbas Shah, the accused territorial army trooper. All the three accused are booked for the abduction and murder of three youth under section 364, 302, 120b and 34. Police had already sent three reminders to Army for handing over its men involved in the killings June 11, 2010:Protests erupt in Srinagar against Machil killings. To quell protestors, police fire teargas smoke shells. Seventeen-year-old Tufail Ahmad Mattoo, who was returning home from a tuition centre, is hit by a teargas shell and dies. His death sparks protests throughout Kashmir which continue for more than five months in which over 120 youth, mostly teenagers, are killed June 23, 2010:Army seeks custody of territorial army trooper arrested by police in connection with the killings. The accused Army unit is moved to Meerut July 15, 2010:The chief judicial magistrate, Sopore, Kounser Qureshi rejects the court martial option for the accused Army personnel including a colonel and two majors July 16, 2010:Police file charge-sheet before chief judicial magistrate in Sopore against the accused Army personnel which included colonel DK Pathania of 4 Rajput Rifles, major Opendra Singh, major Maurya, subedar Satbir, hawaldar Bir Singh, and sepoy Chadra Bhan, Nagendra Singh and Abbas Hussain Shah of the Territorial Army. Pathania was removed from command of his unit while Opendra was suspended. This is the second time that the Army removed a serving officer from a command. Earlier, colonel Gloria of 33 Rashtriya Rifles was removed for killing three boys who were playing cricket in Dudipora-Handwara in February 2006 November 24, 2010:After launching investigation, Jammu Kashmir Police exhumes the bodies of three “insurgents” to probe the allegations made by the parents. It is established that the three “insurgents” killed were actually local youths kidnapped by Army and killed in a staged encounter. The police report establishes that the slain youths were taken by a counter-insurgent cop and army informer from their Nadihal village in Baramulla to Army’s 4 Rajputana camp at Kalaroos. They were later ferried to LoC and killed in a staged encounter at Sona Pindi. An autopsy report conducted by Dr Khaliq and Dr Mukhtar finds that the three youth were shot from a “very close range” December 14, 2010:Army seeks transfer of Machil fake encounter case from a civil court to court martial. Army in its defence says that the accused Army personnel were on active duty and discretion lies with it for initiating proceedings before any court The Army concludes the internal investigation into the killing of three youth killed at the hands of its troopers in October 2011. The inquiry established the role of Army men into the fake killing. After the inquiry, Army expressed its willingness to try it men in an Army court The Army filed a petition in high court, challenging the orders of Sessions Court Baramulla and chief judicial magistrate (CJM) Sopore wherein the courts held that civil court has the jurisdiction to proceed against the accused in the case. February 22, 2012:Kashmir High court asks counsel for Union of India, Karnail Singh Wazir, in Machil Fake encounter case to file objections to the application filed by counsel, Mian Abdul Qayoom, for the victim families seeking their impleadment as party in the writ petition December 24, 2013:Nearly three years after the fake encounter, Army indicts its six men including two officers. Court martial proceedings are ordered into the case In February 2014, Army began the court martial proceedings presided by brigadier Deepak Mehra of 68 Mountain Brigade. The court comprised of five members and two defence counsels to minimise the time of the trial. Usually a court martial has three members. AM
Posted on: Fri, 14 Nov 2014 02:58:32 +0000
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