By TwoCircles.net, Staff Reporter
Srinagar: Criticising the Supreme Court order favouring an Army Major accused of killing civilians in Shopian district on January 27 at the cost of the victims, the Jammu and Kashmir Coalition of Civil Society (JKCCS) said the order only strengthens the belief that there can be no expectation of justice from the Indian state and its institutions.
The JKCCS has said that the stay of investigations against Major Aditya Kumar is irregular and against the established norms of criminal procedure.
“Courts rarely interfere in ongoing investigations. The FIR is a recording of information of a cognizable offence (for example murder and other serious offences). When in receipt of such information, the police are duty bound to lodge the FIR and begin investigations,” said JKCCS spokesperson in a statement.
Terms like ‘self defence’ and other such justifications for an action, cannot be considered at the stage of registration of FIR and certainly cannot be a basis to quash the FIR (as the petition in the Supreme Court seeks). That is a question for investigations, and more importantly, trial. The army is entitled to its rival version of events (including in the form of a counter-FIR) but the claims of the army cannot be used to prevent the registration of an FIR at this stage and investigations on the version of the victims or other persons that the army firing was an act of murder.”
JKCCS took a dig at SC previous record and termed it as favouring armed forces. “The Supreme Court’s own past record – in Kashmir related cases such as the 2000 Pathribal fake encounter and 2010 killing of Zahid Farooq – has appeared to favour the armed forces. The Supreme Court through its past judgments restricted the powers of the lower judiciary, and in this case, it appears even the powers of the police are to be curtailed vis-à-vis the armed forces.”
“Past actions of the State – including the judiciary – under Indian domestic law that has ensured impunity for the armed forces, and the reality of Jammu and Kashmir – an armed conflict – clearly indicate that justice is only possible in Jammu and Kashmir under the broader framework of international law, including international humanitarian law,” it added.
Pertinently, the Supreme Court on Monday said that no coercive action will be taken against Major Aditya Kumar, accused of allegedly killing three civilians in firing to disperse protesters in Shopian district of Kashmir.
Directing that no coercive action would be taken against the Army Major in pursuance to the FIR, a bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud sought the response from the Centre and the Mehbooba Mufti government in the state.
The father of the accused Major, Lt. Col. Karamveer Singh, had petitioned seeking to quash 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.
On January 27, last month, in Ganawpora village, Shopian district of Kashmir, three young men were killed in army firing. The families alleged that the killings were targeted and unprovoked.