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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Karnataka Assembly passes bill on Palace Grounds amid opposition protest
Bengaluru, Mar 6 (PTI): The Karnataka Assembly on Thursday passed the Bangalore Palace (Utilisation and Regulation of Land) Bill, reaffirming state ownership over 472 acres and 16 guntas of land here, amid protests by the opposition BJP.
During the discussion, Karnataka Law and Parliamentary Affairs Minister H K Patil said the state government would have to provide Rs 200 crore worth of Transfer of Development Rights (TDR) for each acre of land, which means that for 15 acres, Rs 3,000 crore worth of TDR would be issued.
“If we accept it, then this 2-km stretch of road will become the costliest road in the world. If we accept it then how are we going to develop the city in later stages? How will you carry out development works?” asked Patil.
He also pointed out that this question was raised not only under the Congress government but also during the previous BJP regime.
However, the BJP-led cabinet has opposed the project.
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“Suppose we agree to it then, what will be the valuation of the 472 acres? It will be lakhs and lakhs of crores of rupees. Can we accept?” Patil wondered.
The Minister said the government had previously exercised its executive powers to issue an ordinance, which was approved by the Governor. Now the government is bringing a bill with two amendments.
“In this bill, we have made provisions either to develop or drop the road development work,” Patil explained.
However, BJP state president B Y Vijayendra and BJP MLA Arvind Bellad opposed the move, alleging that the government was targetting Yaduveer Krishna Datta Chamaraja Wadiyar, the scion of the Mysuru royal family, and the BJP MP from Mysuru-Kodagu constituency out of political vendetta.
“We talk of 472 acres of Mysuru Maharaja but here there are many Maharajas who too own 400 acres, 500 acres and thousands of acres of land, which is known to everyone,” Bellad said.
He slammed the Congress government, saying political power should not be misused for personal vendetta.
“Why (the then Deputy Chief Minister) Siddaramaiah brought the law in 1996 pertaining to the Bangalore Palace? Why are you setting eyes on the Bangalore Palace?” he asked.
Vijayendra charged that Wadiyar won the election on BJP ticket so the state government realised that it should acquire it.
“This bill has been brought for political vengeance. We are not discussing whether Rs 3,000 crore is exorbitant or not but the moment Yaduveer became MP, the state government woke up. You should be ashamed. This house should not be used for political vendetta,” he said.
Intervening, Minister Priyank Kharge said Vijayendra should not have raised it because the intention behind building the road was noble.
According to him, the BJP too had the same plan when it was in power.
He sought to know whether thousands of crores of rupees be spent on a road which should have cost significantly less.
In response, BJP MLA B A Basavaraj (Byrathi) said issuing TDR will not be a burden on the state government and appealed to the ruling Congress to reconsider its stance.
Minister Ramalinga Reddy too explained that the Karnataka government acquired the entire land way back in 1996.
The Mysuru royal family went to the High Court, which gave ruling in favour of the state government. The royal family then approached the Supreme Court, where the case is still going on, the Minister pointed out.
“The final judgment is pending in the SC to decide whether the acquisition was right or wrong. If the SC says it’s the royal family’s property then let it be so. If the order is in the state government’s favour then we can take a decision. The bill is only about it,” Reddy explained.
Speaker U T Khader then called for a voice vote and the bill was passed by the Assembly amidst opposition BJP’s discontent.
