The Supreme Court will examine if the Armed Forces Special Powers Act (AFSPA) requires the state government to seek prior sanction of the Centre before filing an FIR against Army personnel.
The question cropped up in the wake of a petition filed by Lieutenant Colonel Karamveer Singh, father of Major Aditya Kumar of 10 Garhwal Rifles, seeking quashing of an FIR registered by the Jammu and Kashmir Police in connection with the deaths of three civilians in alleged Army firing in Shopian on January 27.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it would examine the question of law. The court will hear the matter on July 30.
Singh had claimed that his son's name was included in the FIR which was registered without the Centre's sanction. He said the Centre's sanction was needed as AFSPA was in force in the state.
The Centre backed him on the need for sanction to file an FIR. “There is a total bar to the institution of legal proceeding in the present case, except with the previous…