The Centre told the Supreme Court on Thursday that there is a “total bar” on the J&K government registering an FIR or instituting criminal proceedings in the Shopian firing case against personnel who opened fire at protesters killing three people.
The Centre said the FIR filed against personnel, including Army Major Aditya Kumar, was a “nullity”. Prior sanction is a must under Section 7 of the Armed Forces Special Powers Act to file an FIR against personnel acting in the line of duty.
It is for the Central government to “apply its mind to all the facts and circumstances regarding any act of violence indulged in by terrorists or other anti-national elements and any preventive steps by way of firing taken by the members of the Armed Forces against overwhelming odds.”
The affidavit said anti-national elements and terrorists, armed with “sophisticated weaponry,” are threatening the security of the Valley. “Mob violence is used frequently for attacking the police and Armed Forces,” the Centre said.
