No restriction in filing FIR against Army, J&K govt tells SC

NEW DELHI: Jammu & Kashmir govt advised the Supreme Court there's no prohibition on registration of FIR and conducting probe against military body of workers while justifying its decision to check in a criminal case in Shopian firing case, through which Army body of workers allegedly opened hearth at an agitating crowd, killing three civilians.

In an affidavit filed in the apex court through its status recommend M Shoeb Alam, the state mentioned the government used to be duty bound to make sure justice is served in all circumstances through conducting free and fair probe and the investigation in Shopian firing case used to be no longer an exception. It mentioned the FIR didn't identify Major Aditya as an accused and no particular function have been attributed to him as projected through his father and serving military officer Lt Col Karamveer Singh who filed PIL in SC for quashing of court cases.


“The registration of FIR is not a choice of guilt against any birthday party. It is simply the place to begin of the investigation to determine the actual and right kind information in terms of cognizable offence,” the affidavit mentioned.


“The Criminal Procedure Code mandates a mandatory registration of FIR in a case the place a cognizable offence is disclosed. No exception is carved out in this theory to exclude any person or class or persons against whom FIR will have to be registered,” it mentioned.


SC had previous directed that no coercive steps be taken against Major Aditya Kumar in reference to an FIR lodged against him through J&Ok Police for a January 27 incident in Shopian.


No restriction in filing FIR against Army, J&K govt tells SC No restriction in filing FIR against Army, J&K govt tells SC Reviewed by kailash soni on July 14, 2018 Rating: 5
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