Maj Aditya not named in FIR, possibility of naming him as accused depends on further probe; J-K to SC

The Jammu and Kashmir government today told the Supreme Court that Major Aditya Kumar's name did not figure in the FIR lodged in connection with the January 27 Shopian firing incident, but said the inclusion of his name among the accused depends on further probe.
The state government's response that the possibility of inclusion of Major Aditya's name among the names of the accused depends on further investigation in the case prompted a bench headed by Chief Justice Dipak Misra to halt further probe in the case.
"Then we will say that no action will be taken against him till the matter is disposed of here (apex court)," the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud said.

The order to this effect was passed after senior advocate Shekhar Naphade and advocate Shoeb Alam, appearing for the Jammu and Kashmir government, elaborated about the development in the case in which three civilians were killed.
They submitted that Major Aditya does not even figure among the names of the accused in the FIR lodged on the allegation that Army personnel opened fired in retaliation in which three persons were killed.
"He (Major Aditya) has not been named as accused in the FIR. The column of the accused in the FIR is left blank. His name also does not feature in the case diary as of now. He is just been named on the basis of allegation that he led the convoy which had opened fired on retaliation. There is no specific allegation against him," the senior advocate said, adding that the petition is infructuous.

To this, the court asked whether Major Aditya was the only person from the Army whose names featured in the narrative of FIR and does the statement of Naphade means that he will not be named as an accused in the future.
When Naphade replied that the possibility of inclusion of Major Aditya's name as accused would depend on the outcome of the investigation, the bench passed the order restraining the state government from taking any action against him.