New Delhi: The Supreme Court on Tuesday asked the Army to decide whether accused personnel in the alleged staged shootout in Pathribal in Jammu and Kashmir should be tried by court-martial or regular courts.

The apex court issued the directive to the Army while ruling on whether the accused Army personnel could be prosecuted without prior sanction from the government.

A bench of Justices BS Chauhan and Swatanter Kumar said that if the Army authorities were not keen on court-martial proceedings, then the CBI can seek sanction from the Centre for prosecution of the Army officers.

In the event of the accused officers being tried by the regular criminal courts, the Centre shall consider the CBI's plea for sanction within three months, the apex court said.

The Army personnel were allegedly involved in the killing of seven persons in the staged shootout at Pathribal 12 years ago.

The bench had earlier reserved its verdict on April 23.

While concluding their arguments, Additional Solicitor General Harin Raval and senior counsel Ashok Bhan, appearing for CBI, had reiterated that Army personnel in the alleged fake encounter have no immunity from prosecution.

CBI had earlier told the special bench that it was a case of "cold-blooded murder and the accused officials deserve to be meted out exemplary punishment."

CBI had contended no prior sanction was required for prosecuting the Army officials and the need to ensure "public confidence in the rule of law and dispensation of justice" warranted their prosecution.

"Our investigations have revealed it was a fake encounter and cold-blooded murders. If public confidence in the rule of law and dispensation of justices is to be sustained, the accused officers deserve to be meted out exemplary punishment," Bhan had told the bench.

Bhan's submission was contrary to the stand taken by Additional Solicitor General PP Malhotra, who, appearing for the Army officers, said prior sanction was mandatory for prosecuting the officials who otherwise are innocent.

The Defence Ministry and CBI have differed on the immunity enjoyed by the Army under the controversial AFSPA (Armed Forces Special Powers Act) and other regular laws in encounter killings.