Army Captain 'Convicted' Of Fake Encounter Of Innocents In J&K, Serving Life Imprisonment, Granted Bail For Improper Evidence

The Armed Forces Tribunal (AFT) has temporarily suspended the life sentence handed to an Army Captain convicted of orchestrating a "staged" encounter in South Kashmir’s Amshipora village in July 2020, resulting in the deaths of three men, reported Indian Express.

In its ruling on 9 November, the tribunal granted conditional bail to Captain Bhoopendra Singh and mandated him to appear before its principal registrar at regular intervals starting in January next year.

While the tribunal clarified that it would not stay his conviction, it suspended the sentence of imprisonment for life during the appeal process. The suspension applies solely to serving the jail sentence, with other punishments, such as cashiering, remaining in effect.

On 18 July, 2020, three labourers from Jammu’s Rajouri district were killed and falsely identified as “terrorists” by troops under Captain Singh's command in the Shopian district.

A Special Investigation Team formed by the J&K Police filed a chargesheet against three individuals, including Singh, for orchestrating the encounter.

The tribunal also said that the evidence available suggests that "there cannot be any motive for Singh to kill the three civilians and conduct such an operation without the knowledge of his senior officer."

In a 27-page order, the tribunal, led by Justice Rajendra Menon, expressed concerns about the trial's findings, deeming them "perverse" and "improper."

It suggested that the General Court Martial (GCM) failed to consider various witness statements and relied on inadmissible evidence.

The tribunal maintained that the evidence supporting the prosecution's case was not convincing enough to deem Singh guilty. It highlighted defects and perversity in the GCM's findings, pointing to selective evidence usage.

Singh's lawyer, Advocate Sudhanshu S Pandey, stated that while the order doesn't provide a complete acquittal, it vindicates the claim that the GCM didn't adhere to criminal justice principles. Singh will not be required to remain in jail during the legal process, according to Pandey.