New Delhi:
The Army told the Supreme Court today that it will not take over the case of its officers involved in Pathribal killings in Jammu and Kashmir. The Army said that the initiation of proceedings without permission is illegal.
Criticising the Army, the court said, "You are neither willing to take over the case nor hand it over to the magistrate. Nothing has happened for the last 10 years. Victims could not get justice... citizens can't wait on interpretation and misinterpretation of facts."
The Supreme Court has called for the Army to file a reply by Friday if it's taking over the case or handing over to criminal court.
The court also issued notices to Home and Defence Secretaries asking whether a sanction is needed even if the Army takes over the case.
The CBI has, meanwhile, accused the Army of burying the case.
Five people were killed in joint operation by the Army and the Jammu and Kashmir Police following the massacre of 35 Sikhs at Chattisinghpora in 2000.
A tussle has been going on between the Army and the CBI over the issue; the Army says their eight men cannot be tried by CBI as they have immunity under Armed Forces Special Powers Act (AFSPA).
The proceedings in trial court in Jammu and Kashmir had been stayed by the Supreme Court in 2007 on a plea by the Army that its personnel can't be prosecuted without permission from the Centre.
The CBI, which probed the encounter and filed a chargesheet against eight Army officials including a Brigadier, wants the stay vacated so that trial continues.