NEW DELHI: The Supreme Court today restrained J&K police from taking any coercive step against Major Aditya Kumar who was booked for firing on stone pelters in Jammu and Kashmir’s Shopian.
This means neither Maj Aditya Kumar can be called for interrogation nor he can be arrested by the J&K police in the Shopian incident FIR.
Today, the apex court directed the J&K government to file response in two weeks to the seeking quashing of the Shopian FIR.
SC also asked attorney general K K Venugopal to assist the court in the case and specify the Centre’s stand on the issue of lodging of FIRs against army men by state police in incidents relating of operation.
Earlier, the plea, filed by Vineet Dhanda, an advocate, had said that a direction be given to the Jammu and Kashmir government not to withdraw the cases against 9,730 people allegedly involved in stone-pelting incidents and show seriousness in the cases registered against the offenders or stone pelters in the Kashmir Valley.
The petition was mentioned before a bench of Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud which said it would hear it on February 12.
It also sought a direction for an inquiry by a sitting high court judge into the FIR registered against personnel of 10 Garhwal Rifles, including Major Aditya Kumar, under sections 302 (murder) and 307 (attempt to murder) of the Ranbir Penal Code at Shopian police station in Kashmir on January 27.
It said that such cases be allowed to reach to the natural conclusion after trial.
The plea said that serious efforts by the Army have shattered the morale of terrorists, who are now using the Valley’s youths to attack defence personnel with stones.
It said given the unabated terror activities in the Valley, the Army has to safeguard itself.
“The question of the morale of the Army is very important. False cases are registered against Army personnel, which results in serious demoralisation,” it said.