The Supreme Court on Monday ordered the Jammu and Kashmir government not to pursue any investigation against Major Aditya Kumar in connection with the killing of three persons after Army personnel allegedly opened fire on protesters in Shopian district.
Attorney-General K.K. Venugopal said the State should not have filed an FIR against Major Kumar without taking prior sanction from the Centre.
The Centre agreed with the Army officer’s father that such criminal action demoralised soldiers fighting for the country.
The Mehbooba Mufti government said Major Kumar was not named as an accused in the FIR, but only mentioned as the officer leading the convoy. Chief Justice of India Dipak Misra, leading a three-judge Bench, was not convinced by the State’s explanation.
“There is no allegation against him in the FIR. The proceedings is infructuous,” the State government, represented by senior advocate Shekhar Naphade, submitted
“But he can be roped in any time... Do not proceed against him. He is an Army officer and not just a common criminal,” Chief Justice Misra addressed.
To this, Mr. Naphade replied that “soldiers do not have a licence to kill”. He said there were responsible police officers involved in the case and they “knew the difference” between the guilty and the innocent.
Incensed by the State's remarks, Mr. Venugopal intervened to ask “a licence to kill? Many soldiers have been killed there... that is not something?”
When one of the petitioners submitted that cases against stone-pelters are being withdrawn, the Supreme Court said those matters were still with the Magistrate concerned.
Lt. Colonel Karamveer Singh, Major Kumar’s father and himself a serving Army officer, had argued that the State should have instead registered an FIR against the mob who attacked the convoy and allegedly tried to lynch a Junior Commissioned Officer. Mr. Singh said the mob attack on the Army personnel amounted to “terrorist activity”.
Mr. Singh, a Kargil War veteran, asked the apex court to issue guidelines to protect the dignity of soldiers acting in the line of duty.
