J& K govt, Centre differ over FIR against Armymen
New Delhi: In a major embarrassment to the Centre, the Jammu & Kashmir government, which is under Governor’s rule, disputed in the Supreme Court the claim of the Union government that the state has no power to lodge FIR against Army personnel. This view is in conflict with Centre’s stand on prosecution of Army personnel.
In a major embarrassment to the Centre, the Jammu and Kashmir government, which is under Governor’s Rule, disputed in the Supreme Court the claim of the Union government that the state has no power to lodge FIR against Army personnel.
This view is in conflict with Centre’s stand on prosecution of Army personnel.
Senior counsel Shekar Naphade, appearing for J and K Government made this submission before a three judge Bench of Chief Justice Dipak Misra and Justices A. M. Kanwilkar and D. Y. Chandrachud which in February this year had stayed all further probe in the FIR against Army officer Adithya Kumar of 10 Garhwal Rifles in Shopian police station for quelling a violent mob. The court also restrained the State from taking coercive steps against the officer.
On Monday counsel Naphade urged the court to lift the stay and allow the State to conduct its probe. He said there couldn’t be an indefinite stay once the FIR has been registered. Further father of Army officer has no locus to file any petition against FIR. Citing an earlier Constitution Bench verdict, he asserted that once police gets a compliant.
He wanted issue of notice to all states to settle the on registration of FIR. to this case. He said since law and order is a state subject, accepting the plea of union of India will affect the statutory powers of police in all the states across country.
A- G K. K. Venugopal, however, opposed J and K Government’s affidavit filed last week and said army personnel are protected from prosecution as per Section 7 of AFSPA.