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Supreme Court stays investigation by the state police into an FIR on the Shopian firing involving Army major

Team SoOLEGAL 6 Mar 2018 4:22pm

Supreme Court stays investigation by the state police into an FIR on the Shopian firing involving Army major

New Delhi:  Investigation into FIR filed against killing of three civilians when Army personnel shot at stone- pelting mob on January 27 was stayed by the Apex court. Hearing the case, the three Judge bench comprising of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud  said that the army personnel doing job in adverse circumstances  cannot be treated as "ordinary criminals".

In an earlier order given on February 12,the bench had stopped the state police from taking any coercive step against the major on a petition filed by his father, Lt Col Karamveer Singh, who sought quashing of the FIR.

Appearing for the state, senior advocate Shekhar Naphade and additional advocate general M Shoeb Alam clarified that the FIR did not name Maj Aditya + of 10 Garhwal Rifles as an accused and hence there was no need for any further orders apart from the one issued by the SC on February 12.

But to this, the CJI-led bench said, "As per the narration in the FIR, it is stated that Major Aditya Kumar was leading the convoy which resorted to firing on coming under heavy stone-pelting and arson by the mob. This means even if he is not shown as an accused, police can, at any point of time, rope him in as an accused. He is an Army officer. Do not treat him as an ordinary criminal ".

The court's observation evoked a sharp response from Naphade who said, "The Army has not been responding to several letters written by the state (on the Shopian FIR) as if they are above the law. Is there a licence to kill for the Army?"

Attorney general K K Venugopal who appeared said state government could not file the FIR without prior permission from the Centre.

The bench said the issue needed detailed deliberations and posted the matter for final hearing on April 24.




Tagged: Army   Shopian   J&K   Centre   SC   FIR  
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