Commanding Officer, Major among 30 named in FIR over ‘assault, rioting’ by Army at J&K police station

SRINAGAR/JAMMU: The commanding officer of 17 Rashtriya Rifles and a Major were among 30-odd Army personnel named in an FIR Thursday, accusing them of storming a police station in J&K’s Kishtwar, assaulting policemen on duty and damaging govt property after a military vehicle was intercepted for allegedly obstructing the deputy commissioner’s convoy on a narrow stretch of road. The FIR against commanding officer Colonel N Arun Gandhi, Major Vikas Sharma and others at Atholi police station invokes, among other charges, attempt to murder (Section 109 of BNS) and vandalism (Section 3(1) of the Prevention of Damage to Public Property Act). Maj Sharma and Naib Subedar Shankar Gurkhe had allegedly led at least 30 personnel from the 17 RR camp at Kijayee to the police station the previous day and scaled the main gate and the boundary wall to start what the FIR describes as a “pre-planned attack”. The group was armed with sticks, iron rods and service weapons, the complaint states. Sources said this was soon after a military vehicle had been seized and brought to Atholi police station for allegedly blocking the DC’s convoy en route to an official event. The Army said the matter was under examination through relevant institutional mechanisms involving both sides. “The Indian Army will extend full cooperation in the legal process. Appropriate actions will be taken based on the outcome of the joint investigation. At this stage, it would be premature to comment further while the investigations are in progress,” Jammu-based defence PRO Lt Col Suneel Bartwal said. The station house officer of Atholi, who was at an event at the BDO office in Paddar when the alleged intrusion occurred, said he was informed over the phone about it. The FIR alleges that when he reached the station, Army personnel assaulted him and tore the shirt of his uniform. SDPO Atholi Vijay Kumar Bhagat was allegedly attacked too. SPO Suresh Kumar and some other cops were injured, the FIR states. DIG (Doda-Kishtwar-Ramban range) Sargun Shukla and IGP (Jammu) Bhim Sen Tuti declined to comment on the allegations. Kishtwar DC Pankaj Kumar Sharma did not respond to calls from TOI. Although police can register an FIR against Army personnel for any alleged offence, prosecution requires prior sanction under the Armed Forces (Special Powers) Act, which remains in force in J&K. After a civilian was killed in Army firing in Shopian district of south Kashmir in 2018, J&K Police had told the Supreme Court through an affidavit that the Code of Criminal Procedure calls for compulsory registration of FIRs in cognisable offences. “No person-specific or class-specific exception is carved out in this principle to exclude any individual or class of persons against whom FIR should not be registered,” the affidavit said. A three-judge bench stayed the investigation, observing that “Army officers cannot be treated like ordinary criminals by the J&K Police”.