Supreme Court blocks further probe against Army Major in Shopian firing incident
New Delhi: The Supreme Court docket on Monday restrained the Jammu and Kashmir Police from finishing up any investigation in pursuance to FIR registered towards Main Aditya Kumar within the wake of the loss of life of three civilians because the Indian Military tried to disperse a stone-pelting mob in Shopian district in Kashmir.
Restraining the Jammu and Kashmir Police from finishing up additional investigations, a bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud directed the additional listening to on the petition by Lt. Col. Karamveer Singh on April 24.
Lt. Col. Karamveer Singh — a serving military officer and father of Main Aditya Kumar — is looking for the quashing of the FIR towards his son.
On the outset of the listening to, Lawyer Common Ok.Ok. Venugopal informed the court docket that the mere submitting of the grievance towards a military personnel serving within the disturbed space was barred underneath Part 7 of Armed Forces Particular Powers Act with out the prior sanction of the Centre.
Lawyer Common cited prime court docket judgements of 2006 and 2014 in assist of his competition that with out Centre`s sanction even a grievance towards a serving military officer working in disturbed space was prohibited underneath the regulation.
Nonetheless, this was opposed by senior counsel Shekhar Naphade, who’s showing for Jammu and Kashmir, saying that the registration of FIR and even submitting of chargesheet didn’t quantity to taking cognizance of the offence and thus no prior permission of the Centre was required.
Lawyer Common Venugopal took exception to Naphade telling the court docket that Part 7 of the Armed Forces Disturbed Space Act might be learn as a licence to kill individuals.
“Is there a licence to kill underneath Part four and Part 7 of the Act,” Naphade mentioned with Lawyer Common taking exception to the phrases “licence to kill”.
Naphade informed the court docket that Main Kumar has not even been named as an accused within the FIR.
Within the final listening to of the matter on February 12, the court docket had restrained Jammu and Kashmir Police from taking any coercive motion towards Main Kumar.
Lt. Col. Karamveer Singh is father of Main Aditya Kumar. The petitioner father has contended that registration of FIR and the resultant proceedings would adversely influence the morale of the armed forces combating militancy within the trouble-torn states.
Main Kumar and different troopers of 10 Garhwal Rifles have been accused of opening hearth on a stone-pelting mob which had attacked a military convoy close to Ganowpora village in Shopian district on January 27.
The firing resulted within the loss of life of three within the stone pelting crowd.
“The way by which the lodging of the FIR has been portrayed and projected by the political management and administrative higher-ups of the state, it displays the extraordinarily hostile environment within the state,” reads the petition by Lt. Col. Karamveer Singh.
“In these circumstances, the petitioner is left with no different viable possibility however to strategy this Court docket underneath Article 32 of the Structure of India for cover of beneficial Basic Rights of his son and himself, enshrined underneath Article 14 and 21 of the Structure of India,” it provides.
It mentioned that Main Kumar was wrongly and arbitrarily named because the incident pertains to an Military convoy on bonafide navy responsibility in an space underneath the AFSPA (Armed Forces Particular Powers Acts), which was remoted by an “unruly and deranged” stone-pelting mob.
The intention of the Main Kumar was to avoid wasting Military personnel and property, and the hearth was inflicted solely to impair and supply a protected escape.
“The unruly mob was requested to disperse and to not hinder navy individuals within the efficiency of their duties and to not harm authorities property…
“The unruly behaviour of the illegal meeting reached its peak once they obtained maintain of a Junior Commissioned Officer and was within the means of lynching him to loss of life.
“It was at this second that warning pictures had been fired… which as per the mentioned phrases of engagement is the final resort to be taken…,” the plea has mentioned.