India’s SC puts probe into Shopian firing case on hold

• Indian Army major not named in FIR, as top court says Maj Aditya Kumar is not a criminal
• JKLF Chairman Yasin Malik detained in Srinagar for staging a protest against killings

NEW DELHI/SRINAGAR: The investigation into the death of three Kashmiri civilians killed in the Shopian firing case in Indian-held Kashmir (IHK) in January has been put on hold by the Supreme Court, the Indian media reported on Monday.

The top court’s order came after the Kashmiri government underlined that Major Aditya Kumar had not been named as an accused in the First Information Report (FIR) registered by the police but as the army officer leading the police convoy. “After all, it is a case of an army officer, not an ordinary criminal,” the chief justice observed.

Taking on record the statement of the state government, the court said that 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 of India Justice Dipak Misra and Justice AM Khanwilkar and Justice DY Chandrachud said.

On February 12, the court restrained the Jammu Kashmir Police from taking any coercive steps against the Indian Army officers, including Major Aditya Kumar, who was earlier reportedly named as an accused in the case. Three persons were killed when the army personnel fired at a mob pelting stones 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 Kashmir). The court was hearing the plea of Lieutenant Colonel Karamveer Singh, father of Major Aditya Kumar, seeking to quash the FIR against his son.

In his petition, the lieutenant colonel said that his son, a major in 10 Garhwal Rifles, was wrongly and arbitrarily named in the FIR as the incident related to an army convoy that was on bona fide military duty in an area under the AFSPA (Armed Forces Special Powers Acts) and was isolated by an unruly and deranged mob pelting stones, causing damage to military vehicles.

In Srinagar, police detained Jammu Kashmir Liberation Front Chairman Yasin Malik after he tried to stage a protest against the Shopian incident. Along with his supporters, the Kashmiri leader reached Budshah Bridge here and tried to march towards the Lal Chowk, officials said. They were stopped and taken into ‘preventive’ custody, the officials added.

Member of Legislative Assembly (MLA) Mohammad Yousuf Bhat demanded a judicial probe into the firing incident in Shopian, saying the culprits should be booked and brought to justice. “My solidarity and my sincere condolences go out to the bereaved families. I demand that a judicial enquiry be ordered to look into the circumstances under which such killings have taken place,” he said.

The PDP leader said no circumstances can justify the civilian killings. “When your heart bleeds and you are emotionally amputated, no condemnation is enough. I have no words to condemn these killings at Shopian,” he said. “No circumstances can justify these civilian killings which can further tendency to vitiate the peaceful atmosphere.”

MLA Hakeem Mohammad Yaseen, chairman of the People’s Democratic Front (PDF), has strongly condemned the killing of civilians and said that such incidents create an atmosphere of terror and uncertainty. Due to fear, the tourists are also reluctant to come to the valley. He blamed Chief Minister Mehbooba Mufti for the total failure to rein in black sheep among the armed forces operating in the state.