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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Another incident of alleged insult to Islamic prayer reported in Belthangady
case lodged against 47 individuals
Belthangady: Another incident involving individuals allegedly dancing indecently, dressed in a denigrating manner, and insulting the Azan (Islamic call to prayer) has come to light under the jurisdiction of the Venoor Police Station. A case has been lodged against 17 accused persons and 20 to 30 others who were allegedly involved in the act.
Based on a complaint filed by Mohammed Rafiq, a resident of Poyyegudde house in Padangady village, a case has been registered at Venoor police station against Savya residents Vasantha, Rajesh, Harish, Peradi residents Dayanand, Ranganath, Mohan, Shamit, Ravi, Ramesh Kulal, Suresh, Ashoka Kulal, Dhanush Haradottu, Harish Banthottu, Ramesh R.K, Suresh Barottu, Pramod, Prakash Peradi and 20 to 30 other individuals.
A case has been registered under Section 353(2) along with Section 3(5) Bharatiya Nyaya Sanhita 2023 for disrespecting Islam, Prophet Muhammad and the Islamic prayer Azhan by wearing Muslim attire during a 'Purusha Kattuna' event on April 14th.
A video of the incident is reportedly circulating on various social media platforms. In the purported video, a group of individuals can be seen wearing traditional Muslim attire and allegedly insulting the Azan by dancing indecently during a 'Purusha Kattuna' (a ritualistic dance performed by men of different castes, typically marking the end of agricultural activities) event held in Peradi near Venoor.
This incident follows a similar episode reported just days ago during a Purushara Puja ceremony, where Islam was allegedly disrespected. A complaint had already been filed with the Venoor police regarding that incident.
Leaders from the Social Democratic Party of India (SDPI) had also approached the Venoor police and submitted an official complaint, and demanded immediate action against those who are responsible for creating unrest in the society by wearing Muslim attire and hurting religious sentiments.
The Venoor police have now registered a case following widespread outrage over the alleged video denigrating Islam.
