The Centre’s prior sanction was not necessary to register a criminal case against personnel of the army, the Jammu and Kashmir Police told the Supreme Court on Friday.

“It is thus evident that, even under the AFSPA, The Army Act or under any other law in force, there is no prohibition of registration of FIR against an army personnel,” the affidavit by Anuj Gupta, senior prosecuting officer, police headquarter, Jammu and Kashmir, said.

The affidavit was filed in response to a plea by Lieutenant Colonel Karamveer Singh, father of MajorAditya Kumar of 10 Garhwal Rifles, who wants the FIR against his son quashed. The FIR, with charges of murder and attempt to murder, was registered against Kumar after the killing of three civilians in “army firing” in Shopian on January 27.

The police said the question of sanction will arise only at the stage of cognisance of the charge sheet by the magistrate.

Courtesy: Hindustan Times: 14072018