The Jammu and Kashmir government on Monday told the Supreme Court that Major Aditya Kumar was not named as an accused in the FIR of the January 27 Shopian firing incident in which three civilians were killed.
Taking on record the statement of the state government, the apex court said there should be no investigation till April 24 in the case.
“Let the matter be listed for final disposal on April 24. In the meantime, there shall be no investigation on the basis of FIR till then,” a bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said.
The apex court had on February 12 restrained the Jammu and Kashmir police from taking any “coercive steps” against Army officers, including Major Aditya Kumar, who was earlier reportedly named as accused in the case.
Three civilians were killed when Army personnel fired at a stone-pelting mob in Ganovpora village of Shopian on January 27 this year, prompting the chief minister to order an inquiry into the incident.
The FIR was registered against personnel of 10 Garhwal Rifles under sections 302 (murder) and 307 (attempt to murder) of the Ranbir Penal Code (the penal code applicable in Jammu and Kashmir).
The apex court was hearing the plea of Lieutenant Colonel Karamveer Singh, the father of Major Aditya Kumar, seeking to quash the FIR against his son.
Singh had said in his petition that his son, a major in 10 Garhwal Rifles, was “wrongly and arbitrarily” named in the FIR as the incident relates to an Army convoy that was on bona fide military duty in an area under AFSPA and was isolated by an “unruly and deranged” mob pelting stones, causing damage to military vehicles.
During the hearing today, the counsel representing Jammu and Kashmir told the bench that Major Aditya was not named as accused anywhere in the FIR.