SC orders irregular, against established norms of criminal procedure: JKCCS

KT NEWS SERVICE. Dated: 2/13/2018 4:10:47 PM

SRINAGAR, Feb 12: Jammu and Kashmir Coalition of Civil Society (JKCCS) has termed the Supreme Court order staying the police investigation against Major Aditya Kumar of 10 Garhwal Rifles as “irregular and against the established norms of criminal procedure” and “appears to favour the accused, at the cost of the victims”.
Earlier in the day, the Supreme Court put a stay on the first information report (FIR) filed against Major Aditya Kumar of 10 Garhwal Rifles in connection with the killing of three civilians in firing by the army in Shopian (South Kashmir) last month.
The court issued notices to the centre and the Jammu and Kashmir government seeking a response within two weeks.
In a statement, JKCCS said: “First, the stay of investigations against Major Aditya Kumar is irregular and against the established norms of criminal procedure.”
The statement added that courts rarely interfere in ongoing investigations. “The FIR is a recording of information of a cognizable offence (for example murder and other serious offences). When in receipt of such information, the police are duty bound to lodge the FIR and begin investigations. “Self-defence”, and other such justifications for action, cannot be considered at the stage of registration of FIR and certainly cannot be a basis to quash the FIR (as the petition in the Supreme Court seeks). That is a question for investigations, and more importantly, trial,” JKCCS said.
It added that army is entitled to its rival version of events (including in the form of a counter-FIR) but the claims of the army cannot be used to prevent the registration of a FIR at this stage and investigations on the version of the victims or other persons that the army firing was an act of murder.



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