Jammu and Kashmir Chief Minister Mehbooba Mufti on Monday said the police FIR against an Army unit involved in firing on protesters in Shopian that left two civilians dead will be taken to a "logical conclusion" even as the BJP demanded that the murder case be withdrawn.
Mufti made the assertion while defending the police action amid an uproar in the state Assembly over the firing incident and a demand by BJP MLA R S Pathania for an immediate withdrawal of the FIR. Pathania, however, said his party supports the magisterial probe to allow the law to take its own course.
The FIR was registered against the personnel of 10, Garhwal unit, of the Army under sections 302 (murder) and 307 (attempt to murder) of the Ranbir Penal Code. A Major, who led the Army personnel at the time of the incident on Saturday, was also mentioned in the FIR, officials said yesterday.
Two civilians were killed when Army personnel fired at a stone-pelting mob in Ganovpora village in Shopian, prompting the chief minister to order an inquiry into the incident. J&K Police chief S P Vaid said registration of FIR in the Shopian incident is just the beginning of the investigation and the Army's version would be taken into account as well.
Mufti said she did not believe the police action would have a demoralising effect on the army. Terming the incident a "setback" to the political process, Mufti said she had spoken about it to Defence Minister Nirmala Sitharaman who asked her to take the required action in case there was "carelessness".
The state Assembly witnessed repeated interruptions by the opposition, which moved an adjournment motion over the Shopian incident. "I do not accept that the Army gets demoralised by such actions. The Army is an institution and has done a wonderful job. But a black sheep can be anywhere... Among judges, there can be black sheep, but we can't paint everyone with the same brush," Mufti said.
She said if somebody commits a mistake, the person should be punished as such a course only brings laurels to the institution. "If some Army officer has committed a mistake, an FIR has been lodged and it is the duty of the government to take it to a logical conclusion," Mufti said. It is a "big issue", said Mufti, who leads a PDP-BJP coalition in the state.
Every now and then we have "unfortunate" incidents that should not have happened, she added.
"We are asking the Army and other security forces to maintain utmost restraint but it is also a fact that unlike in the past when villages used to get deserted if there was an encounter, or even a fake encounter, now hundreds indulge in stone pelting on security forces when an encounter breaks out," she said.
"I talked to the Union Defence minister immediately after learning about the incident and she was positive in her response," Mufti told the House.
"She said if you feel there is carelessness (on the part of the Army), you take whatever action you want to take. Subsequently, we lodged an FIR and ordered a magisterial probe," the chief minister said.
Demanding that the FIR registered against the army personnel be withdrawn forthwith, Pathania said already a magisterial probe has been ordered into the incident and let the law take its own course.
"There is a consensus on the magisterial probe and criminal action should be taken against the guilty. But naming the Army personnel in the FIR (without completion of the inquiry) and levelling serious charges should not have been done," he told the Assembly.
Questioning ordering of a magisterial inquiry as well as registration of the FIR against Army personnel, National Conference working president Omar Abdullah said confusing signals are being sent out.
"On one hand, a magisterial inquiry was ordered and simultaneously, an FIR was lodged against the Army in which a Major and some personnel were named," he said, adding if the FIR had been lodged against unknown persons, the importance of magisterial inquiry would have remained intact.
"If we know in advance the people involved and a case of murder and attempt to murder is registered, then what is the need for magisterial inquiry," Abdullah asked during a discussion on the Shopian incident in the Assembly.
Asked at a news conference whether the Army's version will be a part of the probe, DGP Vaid said, "The Army's version, eye-witness accounts and the statement of those who lost their near and dear ones would be included."
"We will go through all facts and the ground evidences of the case and the Army will also be questioned," Vaid said.
According to the police, the crowd hurled stones on a security force convoy passing through Ganovpora village in Shopian district following which the Army men fired a few rounds. A defence spokesperson, however, had said the troops opened fire when a mob tried to lynch a junior commissioned officer and snatch his service weapon.