A local court on Thursday dismissed the revision petition filed by the Army in the Pathribal case. The petition filed by the five senior Army officials accused of plotting and killing five innocent persons in South Kashmir challenged the CBI’s jurisdiction to prosecute army officials without sanction from the Centre.
The Additional District and Sessions Judge shifted the case back to the court of Chief Judicial Magistrate, Srinagar with the direction that the Army be given one more opportunity to decide whether they wanted a court martial for the five accused personnel or let the civil court try them. The next hearing is on December 19.
However, the Army could appeal against the order. It’s counsel said he would challenge it in a higher court. The Army has even refused to hold court martial in absence of the sanction from the Centre. On May 10, the CBI formally charged the officials for abduction, murder, criminal conspiracy and the destruction of evidence in the Pathribal fake encounter case.