Even if all the lawyers and Judges of the Supreme Court, all the lawyers and Judges of all the High Courts and all the lawyers and Judges of all the District Courts were to stand on one side and say that soldiers have no legal right to retaliate and kill stone pelters, I would humbly beg to differ with all of them! Soldiers have every legal right to act in self defence. There can be no denying or disputing it!
Why has Defence Minister Nirmala Sitharaman, Prime Minister Narendra Modi and Home Minister Rajnath Singh allowed lodging of FIR against Lt Col Aditya Kumar and others even though they are protected by AFSPA? Why was it ignored that they acted in self-defence as stone pelters wanted to kill them without any grave and sudden provocation? Why no FIR allowed to be lodged against stone pelters?
Why the father of Maj Aditya was compelled to approach Supreme Court for quashing the FIR lodged wrongly against his son? Why Centre and State failed to reprimand the police for lodging FIR against him and other soldiers who were attacked by stone pelters? Why Centre and States allowed the lodging of FIR at the first place?
All in all, soldiers have every legal right of private defence just like any other individual! In addition, soldiers are protected by AFSPA which stone pelters fail to appreciate and they think that they will keep on attacking Indian soldiers who won’t respond for fear of FIR being lodged against them! This approach is nothing but bunkum!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.