The Armed Forces Tribunal's suspension of the life imprisonment of five soldiers, including a colonel and captain, involved in the killing of three civilians in a fake encounter and passing them off as foreign militants, at Machil, Kupwara in 2010 has come as a shock to most people in Kashmir especially the families of the victims.
The Army had decided to court martial the accused in December 2013, three years after the investigations by police found the three youth—Shehzad Ahmad, Riyaz Ahmad and Mohammad Shafi of Nadihal—were civilians lured with a promise of work and then killed in a fake encounter.
The accused were sentenced to life in 2014 by Summary General Court Martial (SGCM) in the 2010 Machil fake encounter case.
The accused were imprisoned after the then General Officer Commanding-in-Chief Northern Command Lieutenant General D.S. Hooda confirmed the sentence given to the accused by the Summary General Court Martial.
The Tribuna's orders have come as big relief to Colonel Dinesh Pathania, the then Commanding officer of 4 Rajput Regiment, Captain Upendra, Havaldar Devendra Kumar, Lance Naik Lakshmi and Lance Naik Arun Kumar.
The five, who were lodged in different jails of the country, will walk out of the jails on bail in a couple of days, sources said. The trial will, however, continue till the final decision is pronounced.
“We don't accept it,'' said Muhammad Yousuf, father of one the victims, Riyaz Ahmed. ''We have been suffered so much all these years and the murders of my son have been set free with any punishment.''
Two counter-insurgents Bashir Ahmad Lone and Abdul Hamid Bhat along with Territorial Army Rifleman Abbas Hussain Shah had lured three youths from Nadihal village in north Kashmir to Kalaroos in Kupwara district with the promise of a job.
The fake encounter was exposed after the families of the youth lodged a missing complaint with the police.
Later the families identified the bodies of the three youth prompting police to initiate action against the Armymen.
“We are shocked by this action by the Tribunal, '' said Showkat Ahmed, brother of Shehzad. ''How can this happen? There is enough evidence that our sons were murdered in cold blood.''
Showkat said he would not let the accused walk free and would fight even if it meant selling all his property. He said they suspect Lone and other co accused will also be released. ''We want an eye for an eye verdict, my brother was innocent,” said Showka.
Human Rights activists have expressed dismay over the decision of the Tribunal.
“We are not surprised by this verdict. Present government does not want the morale of the armed forces to be affected in any manner,'' said right activists Parvez Imroz. ''It happened with Pathribal fake encounter, Kunan Poshpora rape and now Machil fake encounter,'' Imroz said and added that the institutions had failed the victims of the human rights violations in Kashmir.
The Machil fake encounter had triggered an outrage across Kashmir which turned into an uprising in which over 110 people, mostly youth, were killed and hundreds were injured. The agitation continued for five months and nearly cost Omar Abdullah his chief ministership.
The Centre had sent a parliamentary delegation to Kashmir to talk to the people and find a solution to the crisis.
After the delegation went back, then home minister P. Chidambaram appointed a three-member team of interlocutors on Kashmir. The Interlocutors submitted a report to the government but no action was initiated.
The decision to suspend the life term will pile more pressure on the PDP-led government which has struggled to win support of the people after its alliance with the BJP.
