Under Governor’s Rule, the Jammu & Kashmir Government on Monday did not play ball with the Centre on the issue of slapping criminal charges against Army personnel charged with killing three youth stone pelters at Shopian in January this year.
There was a furore after the Jammu & Kashmir Police on January 27 registered a first information report against personnel of 10 Garhwal Rifles commanded by Major Aditya Kumar. The officer’s father — lieutenant Colonel Karamveer Singh, approached the Supreme Court questioning the action of the State police.
When the case was taken up before a Bench headed by Chief Justice Dipak Misra on Monday, it was coming up for the first time after the fall of the PDP-BJP Government that led to imposition of Governor’s Rule.
The Centre represented by Attorney General KK Venugopal argued that the State action was wrong as the area where the incident took place was covered by the Jammu & Kashmir Armed Forces Special Powers Act. Section 7 of the Act required prior sanction of the Centre before initiating any proceeding against an Armyman for any act during the discharge of his official duty.
Senior advocate Shekhar Naphade appearing for the State Government justified the filing of FIR and rebutted the A-G by submitting that consent is to be taken at the time the trial court is to take cognisance of the charges. However, investigation of the case does not require Centre’s consent, Naphade argued.
He even opposed the petitioner on the ground that the Army officer’s father cannot file a petition to challenge State action. Questioning the locus standi of the petitioner father, Naphade said that in criminal matters, writ can be entertained in a case where there is illegal custody or absence of authority or jurisdiction.
He said that Major Aditya Kumar has yet not been named in the FIR and further investigation has not proceeded following a stay order imposed by apex court on March 5, 2018. He further stated that a Constitution Bench of SC in lalita Kumari case mandates compulsory registration of FIR where a cognisable offence is made out.
The Bench, also comprising of Justices AM Khanwilkar and DY Chandrachud, recorded the submissions of both the Centre and State Government and proceeded to decide the legal issue involved — whether the operation of the AFSPA will come in the way of the State police to register FIR as per the lalita Kumar judgment. The matter will come up for hearing in the last week of July.