Petition Filed by Major’s Father to Withdraw FIR Against Son in Shopian Killings Case

The FIR filed by the J&K police to investigate army action which led to the death of three civilians in Shopian in late January was met with uproar and bickering between BJP and PDP, who form the state’s ruling coalition. The FIR booked the army unit 10 Garhwal Rifles and Major Aditya, who was leading the convoy. On Thursday, Major Aditya’s father filed a petition in the Supreme Court for quashing of the FIR. The apex court has agreed to hear the petition on Monday.

Lieutenant Colonel Karamveer Singh, Major Aditya’s father, says in the petition that his son was not present at the location of the attack and has been named by the J&K police in “an arbitrary exercise of power”. The FIR however recorded the Major as being present. It should also be noted that even if Major Aditya was not present at the exact location where the open firing took place, he was leading the convoy.

Chief Minister Mehbooba Mufti revealed in the state assembly on 29th January that the police had issued an advisory to the army to avoid going through Ganowpora village as the residents of the village were agitated after the events of 24th January in which two militants and a civilian had lost their lives. Despite the advisory, Major Aditya took that route.

The army in its account of the incident has said that they fired in “self-defence” after the convoy came under “unprovoked and intense stone-pelting”. Residents of the village gave a different sequence of events.

Black flags had been put up in the village to mourn Firdous Ahmed Lone, a militant and resident of the village who died in the army encounter on 24th January. The army demanded those be taken down as they looked like ISIS flags, but the villagers resisted. This led to altercations and the army retreated initially. The army came back later in a larger convoy led by Major Aditya, when firing and stone pelting broke out.

There are variations in the exact chain of events described by news reports, but it can be seen that major contradictions exist in the version of the army and the locals. Thus, an investigation into the incident is not unwarranted.

Another point made in the petition by Lt Col Karamveer Singh is that in an area under Armed Forces (Special Powers) Act (AFSPA), army officers should be given immunity as they are working in disturbed areas.“…It is reiterated that Petitioner‘s son, and other military personnel in the convoy, were operating in an area covered under the provisions of AFSPA. Thus, applying this principle, it is contended that the individuals were discharging the bonafide official duty and thus, should be given absolute immunity against the act done for the said purpose,” says the petition.

The Supreme Court in July, 2016 had ruled against such blanket immunity being granted to the army, even in areas under AFSPA. The bench of judges had then said that in any case of unjustified deaths, the perpetrator(s) do not have blanket immunity available to them. If there is loss of innocent life, no one can act with impunity. The court made it mandatory to register FIRs in cases where it is alleged that excessive use of force has been made by the army.

While there is much furore over this FIR, action against army personnel can only be taken if it is sanctioned by the central government. Until 1st January, 2018, 50 such requests for sanctions had been made, out of which 47 had been denied. In the remaining three, action is still pending. This time around as well, families of the civilians who lost their lives do not expect anything meaningful to come of the probe.