SC restrains J&K govt on FIR against army officer

SansadTV Bureau

Supreme Court

The Supreme Court has restrained Jammu and Kashmir government from taking any coercive action against Army officials allegedly involved in Shopian firing case. The J&K police had recently filed an FIR after two civilians were killed when Army personnel fired at a stone-pelting mob in Ganovpora village in Shopian on January 27.

Holding a hearing on the plea filed by the father of the accused army officer Major Aditya Kumar, the apex court asked Jammu and Kashmir govt to file its response within two weeks.

A bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud also asked the counsel for Lieutenant Colonel Karamveer Singh, the father of Major Aditya Kumar, to share the copies of his petition with the office of Attorney General KK Venugopal and the Jammu and Kashmir government.

As an interim measure, it directed the state government not to take any coercive steps against Army officials.

The apex court had on February 9 agreed to hear the plea of Singh seeking to quash the FIR against his son.

The state police had filed an FIR against personnel of 10 Garhwal Rifles, including Major Aditya Kumar, under sections 302 (punishment for murder) and 307 (attempt to murder) of the Ranbir Penal Code. The FIR was filed after Chief Minister Mehbooba Mufti ordered an inquiry into the incident.

Singh has contended that his son, a Major in 10 Garhwal Rifles, was “wrongly and arbitrarily” named in the FIR as the incident relates to an Army convoy that was on bona fide military duty in an area under the AFSPA and was isolated by an “unruly and deranged” mob pelting stones, causing damage to military vehicles.

Three civilians were killed when Army personnel fired at a stone-pelting mob in Ganovpora village in Shopian, prompting the chief minister to order an inquiry into the incident.

The petitioner has sought directions for guidelines to protect the rights of soldiers and adequate compensation so that no Army personnel is harassed by initiation of criminal proceedings for bona fide actions in exercise of their duties.

It has also sought registration of FIR against people involved in terrorist activities which had caused damage to property of the government.

Karamveer Singh has said in his plea that his son’s intention was to save Army personnel and property and the fire was inflicted “only to impair and provide a safe escape from a savage and violent mob engaged in terrorist activity”.

The unruly behaviour of the “unlawful assembly” escalated and they got hold of a Junior Commissioned Officer and were in the process of lynching him when warning shots were fired to disperse the violent mob and protect public property, the plea has said.

Singh has also referred to last year’s incident of a mob lynching DSP Mohd Ayub Pandith to apprise the top court about the situation in the state and the condition in which Army officials were working to control violent mobs in Kashmir.

(With inputs from PTI)