Major Aditya's father has moved the Supreme Court seeking quashing of the FIR lodged against his son by the Jammu and Kashmir government for his alleged involvement in the January 27 Shopian firing incident.
He has referred to the Centre's submission to the apex court that there is total bar on the institution of legal proceedings in the case, except with the previous sanction of the union government.
The apex court had on March 5 halted further probe by the state government in the firing incident in which three civilians were killed after the Centre said prior sanction is needed under section 7 of the Jammu and Kashmir AFSPA Armed Forces Act.
The three civilians were killed when Army personnel fired at a stone-pelting mob in Ganovpora village of Shopian on January 27, prompting Chief Minister Mehbooba Mufti to order an inquiry into the incident.
Both the Centre and and the Jammu and Kashmir government are at loggerheads over lodging of the FIR in the case, as the state government said that Major Aditya's name does not feature among the list of accused in the case.
Major Aditya's father Lieutenant Colonel Karamveer Singh said in his interlocutory application that the FIR lodged on January 27 at Shopian police station under sections 336, 307 and 302 of the Ranbir Penal Code is in nullity as no previous sanction was applied for or obtained by the police prior to its registration.
The apex court had on March 5, observed that Major Aditya "is an army officer and not an ordinary criminal" and directed the state government that no further investigation shall take place in the case till April 24, when the final hearing in the matter would take place.
Section 7 of Jammu and Kashmir AFSPA says "No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act".
The top court had on February 12 restrained the Jammu and Kashmir Police from taking any "coercive steps" against Army officers, including Major Kumar, who was earlier reportedly named as accused in the case.
Singh had said in his main petition that his son, a major in 10 Garhwal Rifles, was "wrongly and arbitrarily" named in the FIR as the incident relates to an Army convoy that was on bona fide military duty in an area under AFSPA and was isolated by an "unruly and deranged" mob pelting stones, causing damage to military vehicles.
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