Shopian Firing: Major’s Dad Moving SC For Quashing FIR

What is happening in India? Why are cases against more than 10,000 stone pelters being withdrawn? Why are Army officers and soldiers being named in FIR for defending themselves against a murderous crowd and for doing their duty of fighting terrorists? Why Centre is watching everything like a mute spectator?
                                            Why the protection afforded to soldiers under AFSPA is being withdrawn inspite of AFSPA still in force in J&K? Why is Centre firm that Mehbooba has to be kept happy under all circumstances? Why is national interest not placed on first priority and instead party interest is accorded the top priority? What message is being sent by Centre?
                                          Why is political establishment out to demoralize soldiers and boost stone pelting as the biggest industry of Jammu and Kashmir? Should we be proud of it? Should Centre justify it in the name of “healing touch” policy?
                                    Why even as Army soldiers are fighting terrorists, crowd pour in and start pelting stones at Army? Why politicians try to justify it? Why politicians slam Army for not exercising restraint?
                                           Why politicians argue that just like DSP Mohammad Ayub was killed by mob and he did nothing similarly Army should also do nothing?  Why is Army supposed not to fire at crowd and brave all injury quietly and die in the manner DSP Mohammad Ayyub died after his body limbs were broken most brutally by mob before being burnt? Why politicians argue that stonepelters are our own people and Army must have tolerance for them as they too have the right to dissent?
                                             Is this the way to dissent that you try to kill those wearing uniform? Have the stone pelters taken licence from senior politicians to pelt stones at Army vehicles and yet soldiers should not retaliate at all? Why is Centre allowing all this to happen? Why is Centre not listening to even its own party leaders like Subramanium Swamy and taking strong action against stone pelters? What message is Centre sending? Will this not encourage lumpen elements all over the country to pelt stones and then get cases withdrawn against them by a Centre who mollycoddles in front of stone pelters, traitors and anti-national elements?
                                        Not surprising that this is emboldening terrorists and even as I am writing this, news is pouring in that terrorists have attacked an Army camp in Sunjwan in Jammu and killed a soldier, injured a JCO and his daughter even as fight is still continuing! But still leaders like Farooq Abdullah and Mehbooba feel that we must talk with Pakistan who is killing our soldiers regularly and engage with them irrespective of how many of our soldiers are killed! Just recently a Captain Vikram and 4 soldiers were killed by anti-tank missile fired by Pakistani soldiers and even as some were demanding a surgical strike and Centre was busy finalizing PM Modi’s trip to Palestine, we see one more terror attack on Army camp! How many soldiers does Centre want to die before taking a decisive action?  
                                       Has Centre accepted Jammu and Kashmir as part of Pakistan? If not then why so much of leniency in dealing with those who attack men in uniform? Has Centre secretly accorded Kashmiris the fundamental right to attack our soldiers whenever they want and in the manner they want and yet it is soldiers against whom FIR is lodged and cases are withdrawn against stone pelters who are hailed by local leaders as “freedom fighters”? Why ever since this government has come to power do we see stonepelters being so emboldened that now they have started disrupting Army operations to save terrorists and yet Centre is taking no strong stand on it and instead inviting ISI agent to visit Pathankot even though they refuse NIA to come to India!  Centre’s most baffling stand is incomprehensible!
                                         It is most shocking and disgraceful that now Army officers are being dragged to police station and courts for doing what is their duty. The father of Army Major Aditya Kumar booked by the Jammu and Kashmir Police in the firing incident in Shopian under the charge of murder (Section 302 of the IPC) and attempt to murder (Section 307 of the IPC) has been left with no option but to move the Supreme Court seeking quashing of the FIR against his son. This is most unfortunate and reprehensible! Why did PM Narendra Modi, Defence Minister Nirmala Sitharaman and Home Minister Rajnath Singh allow this to happen?
                                         To put things in perspective, Lieutenant Colonel Karamveer Singh said his son who is a Major in the 10 Garhwal Rifles, has been ‘wrongly and arbitrarily’ named in the FIR for the January 27 incident at Shopian in which seven Army personnel were also injured as the incident relates to an Army convoy on bonafide military duty in an area under the AFSPA, which was isolated by an ‘unruly and deranged’ mob pelting stones causing damage to many military vehicles. The plea filed through advocate Aishwarya Bhati said the intention of his son was to save Army personnel and property and the fire was inflicted ‘only to impair and provide a safe escape from a savage and violent mob engaged in terrorist activities’. What wrong did he do?
                                            Is this a crime? If this is a crime God help India! Even God cannot help such thankless nation where soldiers are thrown in prison for doing their jobs and stone pelters are rewarded by withdrawing cases against more than 10,000 of them and Pakistani invaders like Gen Pervez Musharraf who masterminded Kargil war in which we lost more than 600 soldiers officially are accorded a royal treatment within 2 to 3 months!
                                          Anyway, coming back to main subject, the petition by Lt Col Karamveer Singh said that, “The petitioner is constrained to file the present writ petition for quashing of FIR, directly before this court in view of the extremely hostile situation on the ground, whereby an FIR has been registered by local police against the son of the petitioner, who is a service army officer and was performing bonafide duties as directed by the Union of India. The manner in which the lodging of the FIR has been portrayed and projected by the political leadership and administrative higher-ups of the State, reflects the extremely hostile atmosphere in the State. In these circumstances, the petitioner is left with no other viable option but to approach this court under Article 32 of the Constitution for protection of Fundamental Rights of his son and himself, enshrined under Article 14 & 21 of the Constitution.” Singh also mentioned about the 2017 incident of a mob lynching of DSP Mohd Ayub Pandith to apprise the top court about the situation in the state and the condition in which Army officials were working to control violent mobs in Kashmir.   
                                               But who is really bothered about our soldiers? Stone pelters are justified on one ground or the other and it is Pakistan which is having the last laugh as Centre is just doing nothing to address this menace except advice Mehbooba to withdraw all cases against them and promptly lodge FIR against soldiers as has been done in this case! I am ashamed to call myself an Indian after seeing all this!
                                       Interestingly, no FIR was registered against the stone-pelters at Shopian for causing injury to Army personnel and property belonging to the Government of India! Who will vote such bunch of leaders in Centre again who are kowtowing in front of traitors and anti-Indian elements  even though they came to power promising dignity and honour for our soldiers? Is this the dignity and honour which they sought to give that most dangerous Sections 302 and 307 punishable with death or life have been slapped against soldiers doing their duty and firing not on peaceful crowd but on mob of stone pelters who were all out to kill these soldiers? Shame on them!
                                      Which self-respecting nation will behave like this? Centre should never forget that it was because of Kargil and honour of Pakistani invader Gen Musharraf that Vajpayee who was the then PM was booted out! Does Modi also  want to go the way his ex-boss had gone? It is for him to decide for himself!
                                          I have not even an iota of doubt that the whole nation stands fully and firmly with Major Aditya and those soldiers who were bravely confronting stone pelters and yet exercising maximum restraint as also with those children of soldiers who have petitioned NHRC to save their parents from hostile stone pelters! BJP will hundred percent lose elections which are just after an year in 2019 if it does not address this national issue most seriously and most swiftly! Even God cannot save BJP from losing if it does not mend its ways and stop appeasing Mehbooba who always speaks the language which no true Indian can ever approve of!
                                                       Our soldiers are regularly getting killed by repeated terror attacks and Mehbooba and Abdullahs still shamelessly talk always about engaging Pakistan and hit out at soldiers for not exercising restraint! Do they want our soldiers to allow Pakistani supporters to kill our Indian soldiers? Why has Most Favoured Nation status shamefully conferred unilaterally on Pakistan by shameless India in 1996 not been withdrawn till now?
                                             Why has it not been declared a terror state till now? Why India just keeps begging other states like US to do so but does nothing itself except shouting at Pakistan in UN meetings and addressing it as “Aatankistan”? Is it meant just for public consumption? Why India has no clear national policy on Pakistan and Jammu and Kashmir as the Governor of Jammu and Kashmir – NN Vohra very rightly pointed out? Why Jammu and Kashmir has not been merged fully and finally with India? Why as former CJI JS Khehar rightly pointed out can one country have two laws, two Constitutions and two flags?  
                                              Why this most third rated appeasement policy which Centre vows it will never do but on ground has been doing continuously? Does Centre wants India to get partitioned again?  Why like Kuwait who has ordered all Pakistanis to withdraw from Kuwait does India also not act similarly?
                                                    Why Pakistani diplomats are allowed to fund terrorists as disclosed by an NIA report recently and why are we having diplomatic relations with them? Why are we allowing Pakistan to corner a major share of Indus water when they are not cooperating with us in any manner? Most shameful!
                                                 Why Centre ignored that Maj Aditya was very far away from the place where the attack on Army vehicle happened? Why Centre ignores that soldiers fired to save the life of their fellow soldiers whom the crowd wanted to kill? Are the crowd of Jammu and Kashmir enjoying special privileges to attack and kill our soldiers whenever they want? Centre must clarify!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.