SrinagarThe Supreme Court on Monday will hear again a petition by Lt. Colonel Karamveer Singh, seeking quashing of FIR naming his son Major Adiya Kumar for firing on civilians in Shopians Ganowpora village January this year that left three youths dead.
On February 12, the Supreme Court asked Jammu and Kashmir police not to carry any coercive action against the Army officer.
As an interim measure, it is directed that no coercive steps shall be taken on the basis of the First
Information Report No. 26/2018 dated 27.1.2018 registered at P.S. Shopian under Sections 336, 307, 302 of Ranbir Penal Code against Major Aditya Kumar, the court had said, asking for a response from the government of India and the Jammu and Kashmir government following a petition by the officer’s father.
Let a copy of this petition be served on Shoeb Alam, standing counsel for the State of Jammu & Kashmir, who shall file a reply within two weeks. A copy of the petition be served on the office of the Attorney General, who shall represent the Union of India and put forth its stand, the court had added. The officer’s father had asked the court to quash the FIR against his son.
He claimed that the firing was undertaken to control a savage and violent mob engaged in terrorist activity and that the FIR violated the fundamental rights of his son. He added that the petition was submitted for protecting the morale of the soldiers of Indian Army, who are facing all odds in performance of their bonafide duties and laying their lives in the line of duty, to uphold the dignity of the Indian flag.
The J&K Police had lodged an FIR under Section 302 (murder charge), 307 (attempt to murder) and 336 (endangering life) against the Army officer and his unit for opening fire on a group of youth in Ganovpora village in Shopian. While two persons were killed on the spot, a third succumbed to his injuries later. The incident prompted Chief Minister Mehbooba Mufti to order a probe into the killings.
Mehbooba ordered the magisterial inquiry and sought a report within 20 days which have already elapsed.
Mehbooba while defending the police action, had said that a “black sheep can be anywhere” amid an uproar in the state Assembly over the firing. Mehbooba said she did not believe the police action would have a demoralising effect on the army.
Terming the incident a setback to the political process, Mehbooba had said she had spoken about it to Defence Minister Nirmala Sitharaman who asked her to take the required action in case there was carelessness. She had said if somebody commits a mistake, the person should be punished as such a course only brings laurels to the institution.
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