High Court Stays Proceedings against Security Personnel in Kashmir

The High Court of Jammu and Kashmir stayed criminal proceedings against five army men accused of involvement in killing of a cleric in Banihal.

Non-bailable warrants had been issued by the Sessions Court, Srinagar against the accused soldiers for killing Showkat Ahmad Kataria in November 2006. Five policemen have already been arrested in connection with the killing of Kataria while the five Army personnel have not attended any hearing in the case.

Kashmir Times reports that the prosecution had pleaded that since the killing was not in the line of duty, the armed forces personnel were not entitled to immunity against prosecution available under the much maligned Armed Forces (Special Powers) Act.

The High Court accepted the contention of the Union Government that the Chattisinghpora Case that revolves an identical is already pending before the Supreme Court India. Therefore, the High Court should wait for a final verdict from the Apex Court before proceeding with the current case.