P.

Pradeep Kumar 1

The Hindu
September 8, 2015
Front page article on

“6 Army men get life term in Machil encounter

case”

Summary

An Army court martial has awarded life sentence to six of its personnel found guilty
in the Machil fake encounter case of 2010.

In a statement on Monday, a Northern Command spokesman said those sentenced

were Colonel Dinesh Pathania; Captain Opendra; Havildar Devender Kumar; Lance
Naik Lakhmi; Lance Naik Arun Kumar; and rifleman Abas Hussain. This is the first
time Army personnel are being punished for human rights abuse in the Valley.

The Army verdict came in December 2013, but remained unconfirmed so far for
procedural reasons.

A court of inquiry, headed by Major-General G.S. Sangah, a Brigadier of the 68

Mountain Division in 2010, ascertained the role of the accused and ordered a court
martial.

The decision came two years after the Army sought the transfer of the case to a court
martial on the ground that the accused were on active duty and the Army could
exercise discretion to initiate proceedings before any court.
 P.Pradeep Kumar 2

On April 29, 2010, the Army killed three youths in the Machil sector of Kupwara
district on the ground that they were foreign militants. However, a police
investigation found out that the dead, Reyaz Ahmad, Mohammad Shafi and Shahzad
Ahmadas, were residents of Nadihal Rafiabad of Baramulla district.

They were made to come to Machil by a former special police officer, Bashir Ahmad
Lone, and his accomplices with the offer of jobs and later handed over to the Army
personnel for Rs. 50,000 each. The bodies were exhumed on May 28, 2010.

A colonel, two majors, five soldiers, one Territorial Army man and two
civilians were named by the Jammu and Kashmir Police in a charge sheet filed before
the Chief Judicial Magistrate in 2010.

‘Welcome move’

“This is a welcome move. However, justice remains incomplete for us till two
civilians, part of the fake encounter, are punished. Despite being from a poor
background, we pursued the case and will continue to do so.” Muhammad Yousuf,
father of victim Reyaz, said.