The Jammu and Kashmir government in its affidavit in the Supreme Court has said that it has not named Major Aditya in the FIR. The report was submitted after a petition challenging the FIR against the major was filed in connection with the Shopian incident.
The status report also stated that there are no allegations made against the Major either. The court while staying the investigation said that although the Major's name is not mentioned in the FIR, his name figures in the narrative. He could be roped in anytime and hence the investigation is being stayed, the court also said. Further the court also observed that Major Aditya is an Army officer and cannot be treated like an ordinary criminal by the police.
On the last date of hearing the Supreme Court had stayed FIR lodged against Major Aditya Kumar in connection with the Shopian incident.
The court also directed the police to file its response in two weeks in response to the petition filed by the Major's father Lt Col (Retd) Karamveer Singh.
While seeking to quash the FIR, the father also said in his petition that Army personnel should be spared from criminal proceedings. He further sought for the setting up of guidelines to protect the dignity of soldiers and also spare them from criminal proceedings.
The petition said the police cannot file cases against army officers in Jammu and Kashmir, since AFSPA (the Armed Forces' Special Powers Act) is operating in the state. The law gives special powers to the army in insurgency-hit areas.
My son was doing his duty to protect the soldiers who were being stoned and about to be lynched... He carried out the orders of his superiors," the petition contended.
The officer's father, who is also serving in the army, said he was compelled to move the Supreme Court directly because of the "extremely hostile situation in Jammu and Kashmir". This, his petition said, became evident in the "manner of lodging the FIR" and the way it was projected by the state's political and administration heads. It appealed that the investigation be carried out in another state with independent and unbiased authorities.
The J&K police had filed an FIR against Major Aditya and others following an incident of stone pelting in Shopian in which two persons had died. The stone pelters in large numbers attacked the Army following which the personnel were forced to retaliate. The Army came out in support of its men and said that they responded only when they were provoked.