GENERAL OFFICER COMMANDING Vs. CBI

JUDGEMENT

(1.) THROUGH the medium of present petitions under Section 561 -A of the Code of Criminal Procedure, General Officer Commanding 15 corps C/o 56 APO and accused -Army Officers challenges the order dated 30.11.2006 passed by Additional Sessiosn Judge, Srinagar in File No. 16/Revision of 2006.

(2.) BRIEF facts, relevant for the disposal of this petition, are as under:

(3.) ON 11th May 2006, CBI ( Special Crime Branch), Chandigarh filed a charge sheet against five army officers and others including petitioner Brig. Ajay Saxena, under sections 302,307, 364, 201, 120 -B RPC and 25 Arms Act, before the Court of Chief Judicial Magistrate, Srinagar. The incident related to the 'Pathirbal killings "which took place in District Anantnag on 25th March, 2000, in which about five persons were killed. On the allegations that the army has killed the civilians of the area and claimed they were the terrorist, the Government had assigned the investigation to CBI vide Government SRO No. 301 dated 13.8.2002. The CBI on completion of the investigation found the accused were involved in commission of the crime. The CBI have concluded as under: - -