Supreme Court extends interim protection of Major Aditya in Shopian firing case

NewsBharati    30-Jul-2018
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New Delhi, July 30: The Supreme Court on Monday extended the interim protection of Major Aditya, who was named in FIR in connection with the Shopian firing case.

 

Notably, in a massive relief to Major Aditya in connection with the Shopian firing case, the Supreme Court has extended the interim protection to the army personnel till August 21. While hearing a petition filed by Karamveer Singh, a father of Major Aditya, the SC said that no action can be taken against Major Aditya till August 21. The apex court also said that case should be referred to a Constitution bench.

Earlier, Karamveer Singh, in his petition, said that his son, a Major in 10 Garhwal Rifles, was “wrongly and arbitrarily” named in the FIR. He said the incident relates to an Army convoy that was on bona fide military duty in an area under the AFSPA and was isolated by an “unruly and deranged” mob pelting stones, causing damage to military vehicles.

The Army, too, contends that Major Aditya of the 10 Garhwal Rifles was leading the “administrative convoy” and was some distance away from the site where the firing occurred at Ganwapora in late January. Singh further claimed that his son’s intention was to save Army personnel and property and the fire was inflicted “only to impair and provide a safe escape from a savage and violent mob engaged in terrorist activity”.

“The unruly behaviour of the unlawful assembly escalated and they got hold of a Junior Commissioned Officer and were in the process of lynching him when warning shots were fired to disperse the violent mob and protect public property,” Karamveer Singh added.

After the petition was filed, the apex court restricted the Mehbooba Mufti-led Jammu and Kashmir government from taking any coercive actions against all Army officers including Major Aditya Kumar in the case. However, the Jammu and Kashmir government clarified to the court saying Major Aditya Kumar’s name was not mentioned in the FIR filed against Army personnel involved in the Shopian firing on January 27 this year.

Later, the centre moved to Supreme Court and filed a petition seeking the quashing of an FIR that named an Army officer Major Aditya Kumar in a case of firing in Shopian in Jammu and Kashmir. After Jammu and Kashmir government’s clarification, the Supreme Court stayed the investigation by the police into an FIR on the Shopian firing involving Major Aditya Kumar.

Importantly, Major Major Aditya Kumar’s name does feature in the FIR but he's referred to as the officer leading a convoy that fired at a stone-pelting mob in Shopian.

At least 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. It was previously reported that the FIR was registered against personnel of 10 Garhwal Rifles, including Major Kumar, under sections 302 (murder) and 307 (attempt to murder) of the Ranbir Penal Code.