No re­stric­tion in fil­ing FIR against Army, J&K tells SC

The Times of India (New Delhi edition) - - | POLITICS POLICY - NEWS NET­WORK

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.

Newspapers in English

Newspapers from India

© PressReader. All rights reserved.