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{{Short description|Unlawful killings by the Indian Army in Jammu and Kashmir}}
'''Machil fake encounter''', also known as '''Machil encounter case''', refers to a [[Encounter killings by police|extrajudicial killing]] which was [[Indian Army operations in Jammu and Kashmir|carried out by the Indian Army]] on 29 April 2010 by killing the three [[Kashmiris|Kashmiri]] civilians Shazad Ahmad Khan (27), Shafi Ahmad Lone (19) and Riyaz Ahmad Lone (20) and labelled them as Pakistani [[militant]]s. Considered as one of the biggest [[human rights abuses in Jammu and Kashmir]] since [[Insurgency in Jammu and Kashmir|insurgency]] began in 1947 between India, Pakistan and China, the trio were killed in Machil area of [[Kupwara district]], [[Jammu and Kashmir (union territory)|Jammu and Kashmir]] at the [[Line of Control]] (LoC).

It was widely covered by the [[news media]] and national and international [[human rights]] organizations, including [[Amnesty International]] as well as opposition and mainstream political parties, including the then ruling parties [[Jammu and Kashmir National Conference|National Conference]] and the [[Indian National Congress]]. Machil fake encounter became the first case in the [[history of Jammu and Kashmir]] when army convicted its personnel for [[human rights violation]]s in the territory.<ref name="The Hindu 2016">{{cite web | title=Six Army men sentenced to life in Machil fake encounter case | website=The Hindu | date=2016-05-12 | url=https://www.thehindu.com/news/national/other-states/Court-martial-sentence-in-Machil-fake-encounter-confirmed/article60358136.ece | access-date=2022-02-21}}</ref>

== Background ==
On 29 April 2010, an army source, Bashir Ahmad Lone offered a job to the victims and promised [[Indian rupee|₹]]2000 earning a day. Lone was sent to them by another two army sources, Abdul Hamid and Abbas Ahmad. When the victims reached near LoC, army sources handed over them to 4 [[Rajputana Rifles]] at RS. 50,000 each and later they were killed in a fake encounter by Rajputana Rifles soldiers at the Line of Control and labelled them as Pakistani militants.

The next day after killing the victims, the army issued a statement claiming they prevented infiltration attempted on the Line of Control by the three Pakistani-origin militants. It also claimed that they recovered weapons, including the 5 [[AK-47]], [[ammunition]] and [[Pakistani rupees|Pakistani currency]] from the militants. After the trio from [[Nadihal]] village suddenly disappeared, their families started searching for the victims but they returned with empty handed and later filed a [[Missing person|missing report]] with a nearby [[police station]].

The [[detective|police investigation]] revealed that the trio were killed in a fake encounter after obtaining [[call detail record]]s of the victims. According to police, trio were present in Thayen village, [[Kalarooch|Kalaroos]] of Kupwara when they were killed in Machil area.<ref name="The Wire 2010">{{cite web | title=As Institutions Fail Kashmiris, Machil Fake Encounter Victims' Families Vow to Keep Fighting | website=The Wire | date=2010-04-29 | url=https://thewire.in/government/machil-fake-encounter-armed-forces-tribunal-verdict-kashmir | access-date=2022-02-21}}</ref> The family of one of the victims, Riyaz stated that Bashir Ahmad Lone offered a good job opportunity to Riyaz at the border. Riyaz Ahmad Lone, 20 was working at a mechanical shop in [[Sopore]] while another victim, Shahzad Ahmed Khan, 27 was a fruit seller and Mohammad Shafi Lone, 19 was working as a [[laborer]].<ref name="Chakravarty 2017">{{cite web | last=Chakravarty | first=Ipsita | title=The other Machil case: Running parallel to the army trials is a quiet struggle for justice | website=Scroll.in | date=2017-10-31 | url=https://scroll.in/article/856012/the-other-machil-case-running-parallel-to-the-army-trials-is-a-quiet-struggle-for-justice | access-date=2022-02-21}}</ref>

The victims left their homes on 27 April for a job meeting with Lone. However, they were asked to come after a some days. During the [[Interrogation|police interrogation]], driver of the vehicle which was used by the army sources confessed that he took the trio from Nadihal village to [[Kupwara]]. After the victims were killed, army buried them in Machil, however [[Jammu and Kashmir Police]] played a central role and brought the bodies for burial in a local [[graveyard]]. The faces of the victims were painted with black colour after army labelled them militants.<ref name="The Wire 2010"/>

== Court martial ==
When police revealed the background of the fake encounter, they filed a [[chargesheet]] against the 11 accused persons, including 9 army personnel and two civilians. The accused included a [[colonel]] and 2 [[major]]s. They were charged under sections 302 for murder, section 364 for abduction, section 120-B for [[Conspiracy (criminal)|criminal conspiracy]] and section 34 for common intent of the [[Ranbir Penal Code]]. The case was initially heard by the [[Sopore High Court]] chief judicial [[magistrate]] and issued a notice to the army asking to produce involved people before the police.

The army decline to follow the court orders, leading the local court to transfer it to the [[High Court of Jammu and Kashmir and Ladakh]] which ordered the army to setup an [[court martial|army court inquiry]]. The inquiry was started in December 2013 and the accused were sentenced [[life imprisonment]] in 2014 by the [[Summary General Court Martial]] (SGCM). The army confirmed the life imprisonment of convicted people on 7 September 2015. However, three army sources such as Abbas, Bashir and Hamid were acquitted by the court. It was first time in 25 years of [[insurgency in Jammu and Kashmir]] when army confirmed life imprisonment by the [[General Court Martial]] (GCM) for killing civilians.<ref name="The Wire 2010"/>

== Aftermath ==
{{main|2010 Kashmir unrest}}
The killing of the trio was heavily criticised by the people which turned into an [[uprising]] which left 113 to 120 people dead with hundreds of people injured in different clashes with the Jammu and Kashmir police and the [[Central Reserve Police Force]] (CRPF).<ref name="Hindustan Times 2017">{{cite web | title=Machil ‘fake’ encounter: Tribunal stays life term to 5 soldiers, gives them bail | website=Hindustan Times | date=2017-07-26 | url=https://www.hindustantimes.com/india-news/machil-fake-encounter-tribunal-stays-life-term-to-five-soldiers-gives-them-bail/story-bea8T1JsYv86diYm5dvERJ.html | access-date=2022-02-21}}</ref>

== Later development ==
The [[Armed Forces Tribunal]] granted bail to 5 convicted army personnel and suspended their conviction in 2017.<ref name="Scroll.in 2017">{{cite web | title=Machil fake encounter: Armed Forces Tribunal suspends life terms, grants bail to five military men | website=Scroll.in | date=2017-07-26 | url=https://scroll.in/latest/845089/machil-fake-encounter-case-military-court-suspends-life-imprisonment-sentence-for-five-army-men | access-date=2022-02-21}}</ref> However, the then ruling party [[Jammu and Kashmir Peoples Democratic Party]] chief minister, [[Mehbooba Mufti]]'s government didn't challenge the suspension of life imprisonment of the convicted army personnel.<ref name="Kashmir Observer 2019">{{cite web | title=Machil Fake Encounter:Armed Forces Tribunal Likely To Hear Case On Jan10 | website=Kashmir Observer | date=2019-12-31 | url=https://kashmirobserver.net/2019/12/31/machil-fake-encounterarmed-forces-tribunal-likely-to-hear-case-on-jan10/amp/ | access-date=2022-02-21}}</ref>

== See also ==
*[[2009 Shopian rape and murder case]]
*[[Rape during the Kashmir conflict]]
*[[2010 Kashmir unrest]]

== References ==
{{reflist}}

== Further reading ==
* {{cite web | last=Thottam | first=Jyoti | title=The Ghosts of Machil, Kashmir | website=Al Jazeera America | date=2015-08-25 | url=http://america.aljazeera.com/multimedia/2015/3/the-ghosts-of-machil.html | access-date=2022-02-21}}
* {{cite journal | title=Machil Encounter Case | journal=Economic and Political Weekly | volume=52 | issue=34 | date=2017-08-24 | pages=7–8 | url=https://www.epw.in/journal/2017/34/commentary/machil-encounter-case.html | ref={{sfnref | Economic and Political Weekly | 2017}} | access-date=2022-02-21}}
* {{cite web | last=Ehsan | first=Mir | title=Machil fake encounter case: Army confirms life sentences for its six army personnel | website=The Indian Express | date=2015-09-08 | url=https://indianexpress.com/article/india/india-others/machil-fake-encounter-case-life-sentences-of-six-army-personnel-confirmed/ | access-date=2022-02-21}}
* {{cite web | title=Machil fake encounter: Army tribunal suspends life sentence of convicts; victims' families say fight for justice will continue-India News , Firstpost | website=Firstpost | date=2017-07-26 | url=https://www.firstpost.com/india/machil-fake-encounter-army-tribunal-suspends-life-sentence-of-convicts-victims-families-say-fight-for-justice-will-continue-3859129.html | ref={{sfnref | Firstpost | 2017}} | access-date=2022-02-21}}

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[[Category:People killed by armed forces]]
[[Category:2010s in Jammu and Kashmir]]
[[Category:Human rights abuses in Jammu and Kashmir]]
[[Category:People murdered in Jammu and Kashmir]]

2010 Machil encounter - Revision history

MetaBOT at 17:27, 8 July 2023