The Supreme Court on Monday directed the Jammu and Kashmir government to explain why an FIR was registered against Army personnel for opening fire at protesters in Shopian district of the Valley killing three people.
A three-judge Bench led by Chief Justice Dipak Misra ordered the State police to take no coercive steps on the basis of the FIR against Major Aditya Kumar, who is named as an accused.
The order came on a petition filed by Major Kumar's father, Lt. Col. Karamveer Singh, seeking the quashing of the FIR and issuing guidelines to protect the dignity of soldiers acting in the line of duty.
“Numbing effect” on the morale of soldiers
Lt. Col. Karamveer Singh, a Kargil War veteran, said the FIR against serving Army personnel has a “numbing effect” on the morale of soldiers operating against all odds in “inhospitable terrains” to “uphold the dignity of the Indian Flag”.
The court issued notice to the Centre and asked Attorney General K. K. Venugopal to represent the government and assist the court.
"This is a very serious issue. There is an operation going on currently," senior advocate Mukul Rohatgi and advocate Aishwarya Bhati informed the court in behalf of Lt. Col. Karamveer Singh.
The petition, filed through Ms. Bhati, recounted that on January 27, a mob isolated and attacked an Army convoy. They pelted stones at the military vehicles and tried to lynch a Junior Commissioned Officer, after which warning shots were fired.
“The unlawful assembly refused to spare the life of the Junior Commissioned Officer and, therefore, fire was lawfully opened on the unlawful assembly with an aim to disperse the violent mob and protect government servants and property,” the petition submitted.
Plea seeks filing of FIR against the “mob”
He said his son was not present at the spot. The petitioner asked the Supreme Court to order compensation for the soldiers involved and direct the registration of an FIR against the “mob”.
The petition said that the soldiers were made “targets of the unlawful assembly's rage and lack of basic human morality.” It described the conduct of the mob as “terrorist activity.” The manner in which the State's political leadership and administrative higher-ups have projected the FIR against the Army personnel reflected the “extremely hostile atmosphere in the State.”
“The errant behaviour on the part of the people of the State of Jammu and Kashmir is directly proportional to the lawlessness and absolute disregard to the safety and protection of the Armed Forces functioning in the State,” the petition contended.
It recollected the “brutal and senseless mob lynching of JKP DSP, Sh Mohd Ayub Pandith on June 23, 2017 in Srinagar as a sad but true reminder of the nature of uncontrolled mob in these areas.”
Seeking absolute immunity for Army personnel in bona fide service of their country, the petition said the Army is one of the tools of government to maintain the public order. “A legitimate method of removing any obstacle or impediment for completing the authorised task can be defined as a part of charter of duty,” it said.
