SC to hear plea to quash FIR against Army on Monday
New Delhi: The Supreme Court on Friday agreed to hear the plea filed by the father of Major Aditya Kumar, named in an FIR by Jammu and Kashmir 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 Chief Justice Dipak Misra posted the matter for hearing on February 12, after petitioner's advocate Aishwarya Bhati sought urgent hearing of the case.
Major 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 army convoy near Ganowpora village in Shopian district on January 27.
The FIR would hurt the morale of Army personnel in discharging the duty, Lt Col Karamveer Singh said in his plea filed on Thursday through advocate Aishwarya 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.
It said that Major Kumar was wrongly and arbitrarily named as the incident relates to an Army 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 Major was to save Army 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 behavior of the unlawful assembly reached its peak when they got hold of a Junior Commissioned Officer 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.
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Vadodara car crash: FSL report reveals accused smoked marijuana, was not drunk
Vadodara: The main accused in the March 14 car crash in Vadodara, Rakshit Chaurasia, had smoked marijuana but was not under the influence of alcohol, according to the primary report from Gandhinagar’s Forensic Science Laboratory (FSL). Chaurasia, a 20-year-old law student, was driving a speeding car that rammed into two-wheelers near Muktanand crossroads in Karelibaug, killing a woman and injuring several others.
The FSL’s findings, as cited by police officials, revealed that Chaurasia’s blood sample tested positive for marijuana. Two others who were in the car with him—Praanshu Chauhan and Suresh Bharwad—also tested positive for the same. All three have been booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
Chaurasia has also been booked under s. 185 of the Motor Vehicles Act, 1988, which deals with driving under the influence of alcohol or drugs. He is currently lodged in Vadodara Central Jail. Chauhan has also been arrested, while Bharwad remains absconding.
According to Deputy Commissioner of Police, Zone 4, Panna Momaya, the blood reports confirmed drug consumption. "They were driving the car after smoking marijuana," she said.
CCTV footage showed the car speeding before taking a sharp turn and hitting the two-wheeler. In the moments before the crash, Chaurasia was seen behaving erratically, shouting "another round, another round," followed by chanting “Om Namah Shivay” and calling out a girl’s name, “Nikita.”
Later, Chaurasia told reporters that a pothole caused the accident and claimed he was driving at 50 km/hr. He also said the airbag deployment had obstructed his view.
