New Delhi: Observing that Major Aditya cannot be treated like an ordinary criminal, the Supreme Court on Monday stayed all investigations into the Shopian stone-pelting case.
The incident had resulted in the death of three civilians after Army officers opened fire, reportedly in self-defence. The Jammu and Kashmir government subsequently lodged an FIR into the incident against the Army convoy under charges of murder and assault among others.
On Monday, Attorney General KK Venugopal supported the PIL filed by Major Aditya's father in the top court and said the FIR could not have been lodged.
"This cannot be done in view of the Army Act and in terms of the judgments by the Supreme Court. We are supporting the petition," the A-G told a bench headed by Chief Justice of India Dipak Misra.
Representing the Jammu and Kashmir government, senior lawyer Shekhar Naphade began by saying that Major Aditya has not been named as an accused in the FIR "till date".
When asked by the bench if the Army officer can be named later, Naphade said it would depend on the investigation.
"So you can rope him in later... no, you cannot proceed against him. He is the only officer identified in the FIR as well," the court told Naphade.
At this, the state government sought to assert its authority to register an FIR and investigate but the A-G opposed this, saying the judgments being relied upon by Naphade have ignored ruling by a Constitution Bench.
Naphade resisted an order to stall investigation into the matter but the bench said: "You cannot treat him like an ordinary criminal."
The state, however, retorted: "But does this give them a licence to kill?"
To this, Venugopal replied: "When hundreds of army men are being killed, state counsel should not make such arguments."
The court then passed its order, restraining the Jammu and Kashmir government from investigating the case any further until the bench hears this case next on April 24.
On February 9, the apex court had admitted the PIL filed by Major Aditya's father Lt Col Karamveer Singh. It had then said no coercive action can be taken against Major Aditya.
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