Six soldiers of the Indian Army, including two officers, would face court martial proceedings after an inquiry found them involved in staging an encounter near the line of Control (loC) in Macchil sector of north Kashmir in April 2010.
Three local youngsters lured for employment were killed in the fake encounter and passed off as foreign militants by the soldiers eyeing at ranks and commendations.
The killings triggered massive anti-India protests in Kashmir forcing the authorities to quell them with force. More than a hundred protesters and bystanders were killed by the police and security forces in a situation that even threatened the stability of the Omar Abdullah-led coalition Government.
“Yes, court martial proceedings have been initiated following a detailed and exhaustive inquiry conducted by the Army with the assistance of police and judicial department,” lt Col Rajesh Kalia, spokesman of Udhampur-based Northern Command told The Pioneer.
Sources said that the then Commanding Officer of 4-Rajput Regiment Col DK Pathania, Major Upinder and four soldiers would face the court martial proceedings. The Regiment was deployed in Macchil sector in 2010 and was under orders to move out of Valley after completing their stay when the officers allegedly roped in three locals including Territorial Army personnel to stage encounter. Shahzad Ahmad Khan, Riyaz Ahmad lone and Muhammad Shafi lone of Nadihal village in Baramulla were lured by the Army’s contacts to work as porters but they were killed in fake encounter and passed off as infiltrating militants. The expose of the incident embarrassed the Government and the Army top brass.
The Jammu & Kashmir Police played a major role in unearthing the fake encounter after it investigated the complaints that three youngsters were missing in Nadihal village mysteriously. The investigations led to exhumation of bodies, which confirmed the identity of slain youngsters.
Police filed chargesheet against Col Pathania, two majors, a subedar and havaldar and four soldiers and two civilians in July 2010 when a massive agitation against killings was simmering in the Valley. The Army simultaneously ordered a court of inquiry headed by Brigadier GS Sangah, the then Commander of 68 Mountain Brigade, which conducted extensive inquiry based on police charge sheet and deposition of eyewitnesses and relatives of the slain youth.
The Macchil fake encounter provided basis for the massive anti-India campaign in 2010, which peaked after June 11 killing of Tufail Mattoo, a 17-year-boy whose head was blown off by a teargas shell. Mattoo died on a day when Hurriyat Conference leader Syed Ali Geelani had called for protests against Macchil killings. The dance of death continued in valley for about three months. A separatist leader Masarat Alam, since incarcerated, also launched “Quit Kashmir Movement” asking the people to continue protests till “azaadi” or freedom.
“After detailed scrutiny of the complete incident and any wrongdoings committed by the concerned personnel, the Army has ordered
court martial proceedings to take the legal process to a logical conclusion. This highlights the Army’s resolve of ensuring justice with speed”, lt. Col Kalia said.
Chief Minister Omar Abdullah has not immediately reacted to the Army’s decision. The Chief Minister had said that the Macchil fake counter has put a question mark on the genuineness of all encounters along the loC. There is no independent method to verify the encounters in far-off places. The human rights activists in Kashmir allege that many encounters and staged for receiving commendations and ranks. They say that the discovery of mass graves besides the custodial disappearance of the thousands of people indicates that many people have been done to death during the past 24 years of turmoil in Jammu & Kashmir.