Saturday, 29 February, 2020


Shopian deaths: Major's father moves SC for quashing 'anti-army' FIR

Shopian deaths: Major's father moves SC for quashing 'anti-army' FIR Shopian deaths: Major's father moves SC for quashing 'anti-army' FIR
Bennie Garza | 09 February, 2018, 03:44

Major Aditya Kumar's father Lieutenant Colonel Karamveer Singh has moved to Supreme Court in a bid to seek quashing of First Information Report (FIR) against his son. The petition adds that the local police had filed a FIR against his son, who was performing his "bonafide duties".

Following the incident, the state police filed an FIR under sections 302 (murder) and 307 (attempt to murder) of Indian Penal Code (IPC) against the Major and his Army unit of 10 Garhwal Rifles.

The manner in which lodging of the FIR has been portrayed and projected by the political leadership and administrative higher-ups of the state reflected the extremely hostile atmosphere over there, he contended, demanding an investigation in the matter in another state.

The Army said that the police should have restricted itself to filing a generic FIR.

Three civilians were killed in firing by Army patrol party in Ganowpora village in Shopian on January 27, when a stone-pelting mob attacked an army convoy in the village.

When the mob got hold of a junior commissioned officer and was about to lynch him, warning shots were fired to disperse the people and protect public property, the plea said.

He further said that Army personnel present at the spot were only fulfilling their duty and were trying to control violent mob. The DSP was beaten to death outside a mosque in Srinagar.

He also said in his petition that Army personnel should be spared from criminal proceedings.

Whether the terms of engagement followed by serving personnel of the Armed Forces of India operating in the State of Jammu and Kashmir in dealing with unlawful assemblies and other terrorist organizations towards the protection and reverence of the sovereignty and integrity of India is not perceived to be justified by law and therefore individual personnel will find their names individually figuring in First Information Reports filed by the unlawful elements themselves?

Describing Singh's credentials, the petition states that \he participated in the 1999 Kargil war, and received a commendation for his "outstanding contribution".

In J&K, an FIR filed by J&K Police counts for little because the armed forces enjoy immunity under the AFSPA. Of the 50 cases, 17 pertained to alleged killing of civilians, 16 to alleged custodial deaths, eight to alleged custodial disappearances and four to alleged rape and molestation.

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