The Supreme Court on Monday said that no coercive action will be taken against Major Aditya Kumar, accused of killing three civilians in Shopian district of Kashmir. Jammu and Kashmir Police had registered an FIR against the Major.
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud sought response from the Centre and Mehbooba Mufti government in the state.
The father of the accused Major, Lt. Col. Karamveer Singh, had petitioned seeking quashing of the FIR.
The father contended that registration of FIR and the consequent proceedings would adversely impact the morale of the armed forces fighting militancy in the trouble-torn state.
The court asked for a copy of the petition to be served on the office of the Attorney General K.K. Venugopal.
Senior counsel Mukul Rohatgi, who appeared for the petitioner, urged the court to stay the FIR.
Three civilians were killed when soldiers of 10 Garhwal Rifles fired on a crowd near Ganowpora village in Shopian district on January 27.
“The manner in which the lodging of the FIR has been portrayed and projected by the political leadership and administrative higher-ups of the state, reflects the extremely hostile atmosphere in the state,” the petition said.
“In these circumstances, the petitioner is left with no other viable option but to approach this Court under Article 32 of the Constitution of India for protection of valuable Fundamental Rights of his son and himself, enshrined under Article 14 and 21 of the Constitution of India,” the plea said.
It said that Major Aditya Kumar was wrongly and arbitrarily named as the incident relates to an Army convoy on bonafide military duty in an area under AFSPA (Armed Forces Special Powers Act), which was isolated by an “unruly and deranged stone-pelting mob.”
The petitioner also sought directions to issue guidelines to protect the rights of soldiers and adequate compensation.
IANS/GKNN