Business Standard

SC to hear plea to quash FIR against Army on Monday

IANS  |  New Delhi 

The on Friday agreed to hear the plea filed by the father of Aditya Kumar, named in an FIR by Jammu and Police in civilian killings during a firing incident, for quashing the case because it will hurt the Army's morale in fighting terrorism in the state.

A bench headed by posted the matter for hearing on February 12, after petitioner's Bhati sought urgent hearing of the case.

Kumar and other soldiers of 10 Garhwal Rifles have been accused of opening fire and fatally injuring three civilians when a stone-pelting mob attacked an convoy near Ganowpora village in district on January 27.

The FIR would hurt the morale of personnel in discharging duty, Lt Col said in his plea filed on Thursday through Bhati.

"The manner in which the lodging of the FIR has been portrayed and projected by the political leadership and administrative higher-ups of the state, reflects the extremely hostile atmosphere in the state.

"In these circumstances, the petitioner is left with no other viable option but to approach this Court under Article 32 of the Constitution of for protection of valuable Fundamental Rights of his son and himself, enshrined under Article 14 and 21 of the Constitution of India," the plea said.

It said that Kumar was wrongly and arbitrarily named as the incident relates to an convoy on bonafide military duty in an area under the AFSPA (Armed Forces Special Powers Acts), which was isolated by an "unruly and deranged" stone-pelting mob.

The intention of the was to save personnel and property, and the fire was inflicted only to impair and provide a safe escape.

"The unruly mob was requested to disperse and not to obstruct military persons in the performance of their duties and not to damage government property...

"The unruly behaviour of the unlawful assembly reached its peak when they got hold of a and was in the process of lynching him to death.

It was at this moment that warning shots were fired... which as per the said terms of engagement is the last resort to be taken...," the plea said.

It also sought directions to issue guidelines to protect rights of soldiers and adequate compensation.

--IANS

gt/in

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Fri, February 09 2018. 11:22 IST
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