No restriction in filing FIR against Army, J&K tells SC
New Delhi: Jammu & Kashmir government told the Supreme Court there is no prohibition on registration of FIR and conducting probe against army personnel while justifying its decision to register a criminal case in Shopian firing case, in which Army personnel allegedly opened fire at an agitating crowd, killing three civilians.
In an affidavit filed in the apex court through its standing counsel M Shoeb Alam, the state said the government was duty bound to ensure justice is served in all cases by conducting free and fair probe and the investigation in Shopian firing case was not an exception. It said the FIR did not name Major Aditya as an accused and no specific role had been attributed to him as projected by his father and serving army officer Lt Col Karamveer Singh who filed PIL in SC for quashing of proceedings.
“The registration of FIR is not a determination of guilt against any party. It is merely the starting point of the investigation to ascertain the true and correct facts relating to cognizable offence,” the affidavit said.
“The Criminal Procedure Code mandates a compulsory registration of FIR in a case where a cognizable offence is disclosed. No exception is carved out in this principle to exclude any individual or class or persons against whom FIR should be registered,” it said.
SC had earlier directed that no coercive steps be taken against Major Aditya Kumar in connection with an FIR lodged against him by J&K Police for a January 27 incident in Shopian.