The Army has maintained that its soldiers had only opened "controlled fire in self-defence" after issuing several warnings to the violent 200-people-strong mob pelting stones on its convoy at Shopian in south Kashmir. The plea, filed by Vineet Dhanda, an advocate, said a direction be given to the government not to withdraw the cases against 9,730 people allegedly involved in stone-pelting incidents and show seriousness in the cases registered against the offenders or stone pelters in the Kashmir Valley.
Directing that no coercive action be taken against the Major, the apex court has issued a notice to the centre and the J&K government and sought a reply within two weeks.
The police had lodged an FIR under Section 302 (murder charge) against the Army personnel and his unit for opening fire on civilians at Ganovpora village in Shopian. "Courts rarely interfere in ongoing investigations", the statement read. Now, the police won't be able to interrogate Aditya, neither can he be arrested based on the FIR that had been filed against him during the Shopian incident.
JKCCS said that the order is "neither surprising nor a serious set back to the extent that the impunity for the armed forces in Jammu and Kashmir is entrenched".
Kumar's father has also alleged that the FIR is in violation of the fundamental rights of his son and that such FIRs will lower the morale of the army officers posted in Jammu & Kashmir.
The body, in its press release, further accused the Supreme Court of "favouring" the armed forces, citing the examples of the 2000 Pathribal fake encounter and 2010 killing of Zahid Farooq.
JKCCS stated that the legal impunity for the forces was a effect of a larger "moral and political impunity" for their actions in Jammu and Kashmir.