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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Rape-accused 'godman' Kharat sent to judicial custody till April 14
Nashik (PTI): A court in Maharashtra's Nashik on Wednesday remanded rape-accused self-styled godman Ashok Kharat in a 14-day judicial custody.
Kharat was arrested on March 18 after a 35-year-old woman accused him of repeated rape over a period of three years. Following his arrest, multiple rape complaints were filed against him.
The Special Investigation Team (SIT) is conducting a probe against Kharat.
As his police custody ended on Wednesday, he was produced before the court. During the hearing, the SIT sought his judicial custody.
Accordingly, sessions judge B N Ichpurani remanded Kharat in judicial custody till April 14. He will be sent to Nashik Road Central Jail.
Kharat is scheduled to be produced in a court in another case on Thursday.
At least 10 FIRs, eight for alleged sexual assault or exploitation and two for cheating, have been registered against Kharat at Sarkarwada police station in Nashik, while the SIT has received more than 100 complaints over the phone against him.
On Wednesday, an SIT team detained Kharat's son Harshvardhan for questioning from their residence in Karmayogi Nagar here. He was let off at night.
The investigators are also trying to trace Kharat's wife Kalpana in connection with the probe against her husband. She is also named in a cheating case in Ahilyanagar district.
'Godman' Kharat heads a temple trust at Sinnar in Nashik and had several political leaders visit him over the years.
Last week, the SIT visited Kharat's office in Nashik along with a forensic science team, from where they recovered several documents, files and other evidence.
Notably, a 20-feet remote-controlled mechanised snake was also seized from his office. Kharat allegedly used the snake to make his visitors believe that he could control a live snake and thus possessed supernatural powers.
