On January 27, last month, in Ganawpora village, Shopian district of Kashmir, three young men were killed in army firing. The plea, filed by Vineet Dhanda, an advocate, said a direction be given to the 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.
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 FIR is a recording of information of a cognizable offence (for example murder and other serious offences).
The state police filed an FIR under sections 302 (murder) and 307 (attempt to murder) of Indian Penal Code (IPC) against the Major and his Army unit of 10 Garhwal Rifles.
The J&K police had filed an FIR against Major Aditya and others following an incident of stone pelting in Shopian in which two persons had died.
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"The decision to lodge an FIR against a soldier was totally uncalled for".
The JKCCS has said that the stay of investigations against Major Aditya Kumar is irregular and against the established norms of criminal procedure.
Father of the Major had moved the top court seeking quashing of the FIR. That is a question for investigations, and more importantly, trial.
"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.
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They demanded an unconditional withdrawal of the FIR, terming it to be illegal. It added that the apex court restricted the powers of the lower judiciary, and in this case, even curtailed the powers of the police vis-à-vis the armed forces.
His petition said that the mob had isolated and attacked the army convoy.
"It is this wider culture of impunity that influences the legal processes".
JKCCS stated that the legal impunity for the forces was a outcome of a larger "moral and political impunity" for their actions in Jammu and Kashmir.
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