Supreme Court rules that accused army personnel in encounter killings can be tried either by court martial or in criminal courts. The bench granted the option to the army authorities.

The court gave this ruling while rejecting CBI's contention and upholding the appeal filed by army officers challenging their prosecution over fake encounters in Pathribal, J&K, 12 years ago in which 7 persons were killed.

The apex Court also ruled that army personnel involved in encounter killings cannot be prosecuted without prior sanction of the Central Government as they enjoy immunity under Armed Forces Special Powers Act.

A bench of justices B S Chauhan and Swatanter Kumar, however, said if the accused army officials are to be tried under the court martial proceedings then no such sanction was required.