Supreme Court on Monday directed that no probe would be initiated against Major Aditya till the next date of hearing, April 24. in Shopian firing incident case.
Jammu and Kashmir government apprised the Supreme Court that Major Aditya Kumar’s name is not there in the accused column.
At the outset of the hearing, Attorney General K.K. Venugopal told the court that the mere filing of the complaint against an army personnel serving in the disturbed area was barred under Section 7 of Armed Forces Special Powers Act without the prior sanction of the Centre.
Attorney General cited top court judgements of 2006 and 2014 in support of his contention that without Centre’s sanction even a complaint against a serving army officer operating in the disturbed area was prohibited under the law.
However, this was opposed by senior counsel Shekhar Naphade, who is appearing for Jammu and Kashmir, saying that the registration of FIR and even filing of charge sheet did not amount to taking cognizance of the offence and thus no prior permission of the Centre was required.
The decision would be taken by the Court, I can’t speak or comment on it, said Lt Col Karamveer Singh, seeking to quash of the FIR registered against his son Major Aditya Kumar in the Shopian firing incident case.
Won’t say it’s a big relief just yet as Court has modified the interim order to say that no investigation in terms of the FIR.What is interesting is that Union of India thru AG came out with a completely supportive&unequivocal stand in favour of India Army said the lawyer Aishwarya Bhati.
Earlier the Supreme Court stayed the FIR against the Major Aditya and asked for a response from Centre and Jammu Kashmir Government.
Lt. Col. Karamveer Singh — a serving army officer and father of Major Aditya Kumar — is seeking the quashing of the FIR against his son.
Major Kumar and other soldiers of 10 Garhwal Rifles have been accused of opening fire and fatally injuring three civilians when a group of people pelted stone at the army convoy near Ganowpora village in Shopian district on January 27.