Supreme Court stays FIR against Major Aditya, seeks response from Centre, J&K govt within 2 weeks | WeForNews | Latest News, Blogs Supreme Court stays FIR against Major Aditya, seeks response from Centre, J&K govt within 2 weeks – WeForNews | Latest News, Blogs
Connect with us

India

Supreme Court stays FIR against Major Aditya, seeks response from Centre, J&K govt within 2 weeks

Published

on

Supreme Court of India

New Delhi, Feb 12: The Supreme Court on Monday stayed an FIR against Major Aditya, sought a response from the Centre, Jammu and Kashmir government within 2 weeks in connection with connection with the killing of civilians during a firing incident Shopian last month.

The top court also ordered that no coercive action should be initiated against the Army personnel.

Speaking to media, SC has issued a notice to Centre & Jammu and Kashmir government. We have been asked to serve a copy of the petition to the office of Attorney General of India and the Court has requested AGI to clarify the stand of Centre in two weeks. J&K govt also has to clarify its stand in two weeks.

“On our prayer the Court has directed that no coercive action will be taken against Major Aditya Kumar in pursuance of the FIR lodged against him. It is a positive encouraging day”, she added.

The stay order came after a father of the Army officer, Lieutenant Colonel Karamveer Singh filed a petition before the court, seeking the quashing of an FIR registered by the Jammu and Kashmir Police.

An apex bench headed by Chief Justice Dipak Misra on Friday fixed February 12 for the hearing, after petitioner’s lawyer Aishwarya Bhati sought urgent hearing of the case.

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.

The FIR would hurt the morale of Army personnel in discharging duty, Lt Col Karamveer Singh stated in his plea filed on Thursday through advocate Aishwarya Bhati, news agency IANS reported.

“The manner in which the lodging of the FIR has been portrayed and projected by the political leadership and administrative higher-ups of the state reflects the extremely hostile atmosphere in the state.

“In these circumstances, the petitioner is left with no other viable option but to approach this Court under Article 32 of the Constitution of India for protection of valuable Fundamental Rights of his son and himself, enshrined under Article 14 and 21 of the Constitution of India,” the plea asserted.

It said that Major Kumar was wrongly and arbitrarily named as the incident relates to an Army convoy on bonafide military duty in an area under the AFSPA (Armed Forces Special Powers Acts), which was isolated by an “unruly and deranged” stone-pelting mob.

The intention of the Major was to protect Army personnel and property, and the fire was inflicted only to impair and provide a safe escape.

“The unruly mob was requested to disperse and not to obstruct military persons in the performance of their duties and not to damage government property…

“The unruly behavior of the unlawful assembly reached its peak when they got hold of a Junior Commissioned Officer and was in the process of lynching him to death.

It was at this moment that warning shots were fired… which as per the said terms of engagement is the last resort to be taken…,” the plea said.

It also demanded some directions to issue guidelines to safeguard rights of soldiers and adequate compensation.

WeForNews 

India

HC notice on woman’s plea seeking fresh passport for son stranded abroad for 8 yrs

Published

on

By

Delhi High Court

The Delhi High Court has sought the Centre”s reply on a woman”s plea seeking directions to the government to provide a passport to her son, who is stuck abroad for the last eight years as he does not have a valid travel document.

Justice Navin Chawla issued notice to the Ministry of External Affairs (MEA) seeking its stand on the plea which claims that her son”s passport was damaged when he was in Italy and had applied for a duplicate one in 2012 which has not been issued to him.

He moved to Paris for work as without a valid passport he was finding it tough to get work in Italy, her plea has said.

The Indian consulate in Italy had refused to issue him a passport as a dowry case was pending him here, she has said in her plea.

The woman has said that she, her husband and her son were falsely implicated in a dowry case by her then daughter-in-law in 2009.

Her husband passed away during the pendency of the case and her son was declared a proclaimed offender as he could not come back to India due to lack of a valid passport, the petition has claimed.

She was acquitted in the case in 2016 and meanwhile, her ex-daughter-in-law obtained a divorce in 2011 and got married again, the plea said.

It has also claimed that the divorce was granted by way of an ex-parte order as her son could not come to India to defend himself.

The high court has listed the matter for further hearing on December 7. PTI HMP SKV SA

Continue Reading

India

Sensing MP bypolls’ defeat, BJP indulging in horse-trading: Cong

Published

on

By

congress

A day after one of its MLAs in Madhya Pradesh resigned from the Assembly to join the BJP, the Congress on Monday cried foul and alleged that the BJP was “indulging in horse-trading” after sensing its impending defeat in the November 3 bypolls.

“The BJP knows that they are going to lose the bypolls; so again, doing the same thing to remain in power in Madhya Pradesh. Congress chief Sonia Gandhi has already said that they are making the democracy hallow and this is the latest example,” Congress spokesperson Gourav Vallabh told a press conference here.

Congress MLA Rahul Lodhi from Damoh on Sunday resigned from the Assembly and joined the BJP in the presence of Chief Minister Shivraj Singh Chouhan in Bhopal.

Earlier this year, 22 Congress MLAs had resigned from the Assembly and joined the BJP under the leadership of Jyotiraditya Scindia, which led to the collapse of the then Kamal Nath-led Congress government.

Three more Congress MLAs later resigned from the Assembly. Now, the latest blow to the Congress has come with the resignation of Rahul Lodhi.

The 28 Assembly segments in Madhya Pradesh will see by-elections on November 3.

Continue Reading

India

SC stays HC order to parties to go virtual for MP bypolls

Published

on

By

Supreme Court

The Supreme Court on Monday stayed a Madhya Pradesh High Court order to political parties to campaign virtually for the November 3 Assembly bypolls in the state, but pulled up the parties for creating a situation that compelled the HC to act.

The top court stayed the High Court order, but noted that the situation would not have arisen if health protocols were followed in the backdrop of COVID-19 pandemic.

Staying the High Court order, the bench also asked the Election Commission of India to take an appropriate decision in connection with political rallies as per the law in the backdrop of COVID-19 guidelines.

The bench noted that the High Court would not have interfered if the political parties had done their job better. “Take charge, ensure you discharge your duties in a manner that are in the best interest of everyone,” noted the bench.

The top court’s order came during the hearing on pleas by the Election Commission and Madhya Pradesh Energy Minister Pradyuman Singh Tomar against the High Court order of October 20.

The bench asked Senior Advocate Mukul Rohatgi, appearing for Tomar, to make a representation to the Election Commission for the loss of time in electioneering due to the High Court order.

The poll panel, represented by Senior advocate Rakesh Dwivedi, assailed the High Court order and citing Article 329 of the Constitution said that the conduct and management of elections was overseen by it and there was an express bar on judicial interference in the middle of the electoral process.

Tomar, a BJP candidate for Gwalior Assembly seat bypoll in Madhya Pradesh, pleaded that the High Court committed an error as it overlooked that the Election Commission under Article 324 had issued COVID-19 guidelines in September-end to permit physical public gatherings albeit with restrictions.

The bypolls to 28 Assembly seats in the state are slated for November 3. The plea said that as per the guidelines and the state government SOPs, political gatherings of over 100 people with safety measures could be allowed.

Source: IANS

Continue Reading

Most Popular

Corona Virus (COVID-19) Live Data

COVID-19 affects different people in different ways. Most infected people will develop mild to moderate illness and recover without hospitalization.