No coercive action shall be taken against Army officials: SC directs J&K Govt

New Delhi, February 12: The Supreme Court has restrained Jammu and Kashmir government from taking any coercive action against Army officials allegedly involved in Shopian firing case. The apex court asked Jammu and Kashmir government to file its response within two weeks.

The petition was filed by Lt. Col. (Retd.) Karamveer Singh, the father of Major Aditya Kumar, who was named in an FIR dated January 27 under Sections 336, 307 and 302 of the Ranbir Penal Code (RPC) of Jammu & Kashmir.

The Jammu and Kashmir 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.

A bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud 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.

The petitioner has sought directions for guidelines to protect the rights of soldiers and adequate compensation so that no Army personnel are 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.

Notices were also issued on a petition filed by advocate Vineet Dhanda who sought a direction to the Centre to constitute an expert panel for conducting inquiry before any case is lodged against Army personnel in future.

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.