No coercive action against Army Major accused of civilian killing: SC
New Delhi: The Supreme Court on Monday said that no coercive action will be taken against Major Aditya Kumar, accused of allegedly killing three civilians in firing to disperse a stone pelting mob in Shopian district of Kashmir.
Jammu and Kashmir Police registered an FIR against Major Aditya Kumar.
Directing that no coercive action would be taken against the Army Major in pursuance to the FIR, a bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud sought the response from the Centre and the Mehbooba Mufti government in the state.
The father of the accused Major, Lt. Col. Karamveer Singh, had petitioned seeking quashing of the FIR. The father contended that registration of FIR and the consequent proceedings would adversely impact the morale of the armed forces fighting militancy in the trouble-torn state.
The court asked for a copy of the petition to be served on the office of the Attorney General K.K. Venugopal.
Senior counsel Mukul Rohatgi, who appeared for the petitioner, urged the court to stay the FIR.
Major Aditya Kumar and other soldiers of the 10 Garhwal Rifles were accused of opening fire on a stone-pelting mob which had attacked an administrative army convoy near Ganowpora village in Shopian district on January 27.
The firing resulted in the death of three persons.
"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," the petition said.
"In these circumstances, the petitioner is left with no other viable option but to approach this Court under Article 32 of the Constitution of India 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 Major Aditya Kumar was wrongly and arbitrarily named as the incident relates to an Army convoy on bonafide military duty in an area under AFSPA (Armed Forces Special Powers Act), which was isolated by an "unruly and deranged" stone-pelting mob.
The unruly behaviour of the unlawful assembly reached its peak when they got hold of a Junior Commissioned Officer and was in the process of lynching him.
"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 the rights of soldiers and adequate compensation.
The Supreme Court on Monday said that no coercive action will be taken against Major Aditya Kumar, accused of allegedly killing three civilians in firing to disperse a stone pelting mob in Shopian district of Kashmir.
Jammu and Kashmir Police registered an FIR against Major Aditya Kumar.
Directing that no coercive action would be taken against the Army Major in pursuance to the FIR, a bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud sought the response from the Centre and the Mehbooba Mufti government in the state.
The father of the accused Major, Lt. Col. Karamveer Singh, had petitioned seeking quashing of the FIR. The father contended that registration of FIR and the consequent proceedings would adversely impact the morale of the armed forces fighting militancy in the trouble-torn state.
The court asked for a copy of the petition to be served on the office of the Attorney General K.K. Venugopal.
Senior counsel Mukul Rohatgi, who appeared for the petitioner, urged the court to stay the FIR.
Major Aditya Kumar and other soldiers of the 10 Garhwal Rifles were accused of opening fire on a stone-pelting mob which had attacked an administrative army convoy near Ganowpora village in Shopian district on January 27.
The firing resulted in the death of three persons.
"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," the petition said.
"In these circumstances, the petitioner is left with no other viable option but to approach this Court under Article 32 of the Constitution of India 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 Major Aditya Kumar was wrongly and arbitrarily named as the incident relates to an Army convoy on bonafide military duty in an area under AFSPA (Armed Forces Special Powers Act), which was isolated by an "unruly and deranged" stone-pelting mob.
The unruly behaviour of the unlawful assembly reached its peak when they got hold of a Junior Commissioned Officer and was in the process of lynching him.
"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 the rights of soldiers and adequate compensation.
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Kejriwal responds to EC, says water received from Haryana 'extremely poisonous' for human health
New Delhi (PTI): AAP chief Arvind Kejriwal on Wednesday responded to the Election Commission notice over his claim the Haryana government was "mixing poison" in Yamuna, and said raw water received from the BJP-ruled state in the recent past has been "highly contaminated and extremely poisonous" for human health.
In the 14-page reply to the Election Commission, the former Delhi chief minister said if such "toxic water" is allowed to be consumed by human population it would lead to grave health hazard and fatality.
Kejriwal said he only wanted to highlight the "urgent public health crisis" due to the quality of drinking water in the city, and he violated no law or Model Code of Conduct, hence the issue should be closed.
He said the "alleged statements" attributed to him were made as it was his public duty to red flag the "severe toxicity and contamination" of raw water received from the BJP-ruled state.
Following a complaint filed by the BJP over the matter, the Election Commission issued the notice to Kejriwal on Tuesday, giving him time till Wednesday 8 pm to furnish his reply.
Kejriwal also said the ammonia level in raw water received from Haryana was so "extreme" that water treatment plants in Delhi are unable to process and bring it down to safe and permissible limits for human consumption.
Following their party chief's response, the AAP issued a statement, saying, "It is an undisputed fact that there is 7 ppm ammonia in Yamuna water, A Delhi Jal Board CEO letter admits toxicity is 700 percent higher than the permissible limit."
In his response to the EC, Kejriwal also alleged that Haryana's "failure" in controlling pollution in Yamuna has resulted in an "unprecedented public health crisis" in Delhi. He alleged "indiscriminate" discharge of industrial waste in the river by the state.
The AAP supremo said Haryana is an upper-riparian state and Delhi, ruled by his party, has no role to play in the high level of toxic water being made available to the city.
"Due to such high level of toxic content in the raw water supplied by Haryana, the water treatment plants in Delhi are operating below capacity and there is a shortage of treated water in Delhi," he claimed.
Saying that access to clean water is a basic human right, the AAP chief asserted that raising this critical issue cannot be considered an offence.
"The said statement by no stretch of the imagination can be termed inciting enmity between different groups or prejudicial to national integration," he said.
On the contrary, the substance and purpose of these statements are rooted solely in the public interest, aimed at highlighting a legitimate civic concern that requires urgent institutional intervention, he asserted.
He requested the EC to intervene in the matter and issue appropriate directions to Haryana so safe water is made available to the people of Delhi.
