SC Stays FIR Against Major Aditya, Centre And J&K Govt To Respond In 2 Weeks

| February 12 , 2018 , 14:46 IST

The Supreme Court on Monday placed a stay order on the FIR filed against Indian Army Major Aditya Kumar of 10 Garwal Rifles by the Jammu and Kashmir Police regarding the Army personnel and his unit opening fire on a stone-pelting mob in Shopian district of Kashmir on January 27.

The apex court, while ordering that no coercive action be taken against the Army personnel, issued a notice to the Centre and the Jammu and Kashmir government seeking a response on the matter within two weeks.

On January 27, a stone-pelting mob of around 200 people in the Ganovpora village of Shopian district attacked an Army convoy due to which the Army opened fire, resulting in the death of 3 civilians; 2 who died on the spot, and a third who succumbed to injuries. After the incident, the Jammu-Kashmir Police filed an FIR under Section 302 (murder charge) against the Army personnel and his unit for opening fire.

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Advocate Aishwarya Bhati, who had filed the petition to the Supreme Court on the behalf of Major Aditya's father Lieutenant Colonel Karamveer Singh, termed the apex court's decision as 'positive' and encouraging.

"On our request, the court has ordered that no coercive action should be taken against Major Aditya Kumar in pursuance of the FIR lodged against him. It is a positive and an encouraging day for us," Advocate Bhati said.

"The Supreme Court has issued a notice to the Centre and Jammu and Kashmir government while we have been asked to submit a copy of the petition to the office of Attorney General of India (AGI). The court has requested AGI to clarify the Centre’s stand on the case within two weeks. The state government has also been asked to issue a clarification within the given time period,” she said.

Lt Col Singh, in his petition to the Supreme Court, claimed that the firing had been undertaken to control “a savage and violent mob engaged in terrorist activity” and that the FIR violated the fundamental rights of his son.

The petition described the Shopian incident and why the Army was forced to act.

“The unruly behaviour of the unlawful assembly reached its peak when they got hold of a Junior Commissioned Officer and was in the process of lynching him to death. It was at this moment that warning shots were fired at the unlawful assembly which, as per the said terms of engagement, is the last resort to be taken before opening fire," said the petition.

"The unlawful assembly again refused to spare the life of the Junior Commissioned Officer and, therefore, fire was lawfully opened on the unlawful assembly with an aim to disperse the violent mob and protect govt servants and property,” the petition mentioned.