Thank God, we had Supreme Court to protect Major Aditya

The act of registering an FIR against Major Aditya Kumar in connection with last month's Shopian firing case shows the appeasing attitude of political hierarchy of Jammu and Kashmir. It shows them in poor light, more importantly, such an act actually lowers the morale of Armed Forces operating in Kashmir. It also shows the unawareness of the officials responsible for the FIR about the provisions of the AFSPA.

The incident has been covered widely by the media. Let me highlight some important issues which the nation must think in the national interest.

•    FIR registered against Army Major Aditya Kumar in connection with last month's Shopian firing case does not stand as the military personnel was there not by choice. They were there because the country wanted them to be there; it was their duty to protect the country in a disturbed region. 

•    The column was attacked by stone pelters with an intent to hurt the forces, hence, criminal force was applied against them. Why the authorities did not register FIR against the stone pelters.

•    Major Aditya Kumar and his troops had no enmity with the persons who were killed in the incident.

•    The Army personnel have the right of self-defence too

•    As per the law in vogue, in a ‘Disturbed Area’, the officer is duty bound to protect his subordinates and the government property and can use force. The minimum force is to be used but the decision as to how much force is the minimum force is a decision to be taken by the commander on the spot, based on his judgement.  

•    Army after the due warning is expected to fire for effect and not in the air, unlike police, which can use measures like tear gas or firing in air.

Under the circumstances in which Maj Aditya and his troops were placed, had they not taken any action, they would have been either lynched or burnt. The officer and men, in my opinion, have acted in self-defence as per powers conferred to them by law.

It needs to be understood that the Army is the instrument of last resort and if they are scarred by legal actions, then the morale of young officers and men will be affected adversely. If they get overcautious, we have to blame our political hierarchy of pushing them into fortress mentality, wherein they will not come out and protect people due to fear of litigation which is exactly desired by Pakistan and militants. If we are soft towards the militants, no corner of the country will be safe. I do not understand why politicians of Kashmir for their petty gains do not understand this, despite an attack on our Parliament.

It also needs to be understood that under the AFSPA, the state has to take permission of the Central Government to proceed against the officer, which the Central Government can refuse, which has happened in many such cases earlier. Even if the permission is to be given a set procedure is to be followed.

I must salute the honourable Supreme Court of India which has put a stay on the FIR registered against Army Major Aditya Kumar in connection with this  Shopian firing case. The apex court also directed that no coercive action be taken against Major Aditya in connection with the incident in which three civilians were killed and nine others were injured.

It should also be a matter of concern that Indian Army unlike most armies in the world is known to use minimum force and does not use even high calibre weapons. Nowhere in the world, you can see an example of an armed soldier being beaten by a lady, and the soldier is showing resilience to tolerate it, and taking such ill treatment from people, whom the soldiers have saved in floods a year earlier. Let us not push our soldiers to wall, the consequences can be disastrous, definitely not in the nation's interest.  

(Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL)    

Major General S B Asthana had been an Infantry General with 40 years of defence experience at national and international level.

The article was originally published on WION News.