Army Major who tied Kashmiri man to jeep has legal trouble headed his way

Major Leetul Gogoi, the officer in the eye of the "human shield"storm has trouble coming his way. Kashmir Police, who registered an FIR in the case last month have refused to drop the case against him.

So what happens to the case from here on?

Kashmir Police can carry on the investigation against the officer but they cannot arrest him.

In case they want to question the officer, the cops can at the best go to the army cantonment and question him under the supervision of army officers.

At the completion of the investigation, a chargesheet will be filed in a criminal court against the officer.

It is at this stage that the army will step in and inform the court that the officer should not be tried in the normal criminal court. The



army will officer to court martial the officer, (Pathribal case)

Meanwhile the parallel proceedings of Court of Inquiry by the army really have no meaning as a criminal investigation is still under way.

PATHRIBAL CASE

On March 24, 2000, five civilians from south Kashmir, including a 50-year-old man, were killed by the Army in an alleged fake encounter in Pathribal. The Army dubbed the victims foreign militants belonging to the Lashkar-e-Taiba, and said they were responsible for the killing of 35 Sikhs in Chattisinghpora.

However, subsequently allegations emerged that the men were civilians picked up from different parts of south Kashmir and killed in a fake encounter, following which their bodies were charred beyond recognition.