Govt comes to rescue of Armyman
Tells top court FIR against officer by J& K without jurisdiction
The Centre on Thursday came to the rescue of Army officer Adithya Kumar of 10 Garhwal Rifles in Shopian police station by asserting in the Supreme Court that the Jammu and Kashmir government has no jurisdiction to register an FIR against the officer without Central government’s sanction.
Acting on a writ petition filed by Lt. Col. Karamveer Singh, the father of Adithya Kumar, a three- judge bench of Chief Justice Dipak Misra and Justices AM Kanwilkar and DY Chandrachud had already stayed the FIR.
The petitioner had prayed for quashing the FIR registered by the J& K government against his son when he was performing his duties in defending the country.
The Centre, in its response to the petition, said that the Union of India has considered the matter extensively and is of the view that there is a total bar on the registration of FIR by the state government, except with the previous sanction of the Centre.
In this case, no such sanction has been obtained by the state. Further, Section 7 of the Armed Forces ( J and K) Special Powers Act gives protection to Army officers from prosecution if they act in good faith during the discharge of their duties.
Section 7 of the AFPSA gives protection to army officers. This provision has to be interpreted in the interest of the nation for preserving the unity and security of the country.
It pointed out that if registration of FIR was done in violation of this provision and without sanction from the Centre, and if an investigation is undertaken, sometimes under hostile circumstances witnesses would be vulnerable to threats.
The petitioner said the incident reported in the FIR relates to an Army convoy on bona fide military duty in an area under the Armed Forces Special protection Act.