The Supreme Court ordered that no action will be taken
against Major Aditya Kumar, accused of allegedly killing three civilians in
firing to disperse a stone pelting mob in Shopian district of Kashmir.
A three-judge Bench led by Chief Justice Dipak Misra ordered
the J&K Police to take no coercive steps on the basis of the FIR against
Major Aditya Kumar, an Army officer, who is named as an accused.
The father of the accused Major, Lt. Col. Karamveer Singh,
had petitioned seeking quashing of the FIR.
The father contended that registration of FIR and the
consequent proceedings would adversely impact the morale of the armed forces
fighting militancy in the trouble-torn state.
The petition, filed through Ms. Bhati, recounted that on
January 27, a mob isolated and attacked an Army convoy. They pelted stones at
the military vehicles and tried to lynch a Junior Commissioned Officer, after
which warning shots were fired.
"The unruly mob was requested to disperse and not to
obstruct military persons in the performance of their duties and not to damage
The petition recollected the “brutal and senseless mob
lynching of JKP DSP, Sh Mohd Ayub Pandith on June 23, 2017 in Srinagar as a sad
but true reminder of the nature of uncontrolled mob in these areas.”
Seeking absolute immunity for Army personnel in bonafide
service of their country, the petition said the Army is one of the tools of
government to maintain the public order. “A legitimate method of removing any
obstacle or impediment for completing the authorised task can be defined as a
part of charter of duty,” the petition said.