Army Personnel Named in FIR for Assaulting Police in J&K

In a significant development, the commanding officer of the 17 Rashtriya Rifles, Colonel N Arun Gandhi, alongside Major Vikas Sharma, has been named in an FIR, as well as around 30 other Army personnel. The complaint, filed on Thursday, accuses them of storming a police station in Kishtwar, Jammu and Kashmir, where they allegedly assaulted policemen on duty and caused damage to government property. This incident reportedly occurred after a military vehicle was intercepted for supposedly obstructing the deputy commissioner’s convoy on a narrow road.

The FIR was registered at the Atholi police station, charging Colonel Gandhi and Major Sharma with serious offenses including attempt to murder as defined under Section 109 of the IPC and vandalism under Section 3(1) of the Prevention of Damage to Public Property Act.

According to the allegations, Major Sharma and Naib Subedar Shankar Gurkhe led a contingent of at least 30 soldiers from their camp in Kijayee to the police station the day before the FIR was lodged. They are reported to have scaled both the main gate and boundary wall in what has been described as a “pre-planned attack.” Eyewitness accounts indicate that the group was armed with sticks, iron rods, and service weapons.

Sources revealed that the confrontation followed the seizure of a military vehicle, which was taken to the Atholi police station for allegedly blocking the deputy commissioner’s convoy en route to an official event. In response to the allegations, the Indian Army has stated that the matter is being examined through appropriate institutional channels, asserting their commitment to cooperate fully in the legal proceedings.

The defence PRO from Jammu, Lt Col Suneel Bartwal, remarked, “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.”

At the time of the alleged incident, the station house officer of Atholi was attending an event at the BDO office in Paddar. He later reported that upon returning to the station, he was assaulted by Army personnel, resulting in damage to his uniform.

The FIR also states that SDPO Atholi, Vijay Kumar Bhagat, faced aggression, with injuries reported among SPO Suresh Kumar and other officers as well.

Despite the severity of the allegations, both DIG (Doda-Kishtwar-Ramban range) Sargun Shukla and IGP (Jammu) Bhim Sen Tuti refrained from commenting on the incident. Kishtwar DC Pankaj Kumar Sharma was also unavailable for comment.

It is important to note that while police can file an FIR against Army personnel for alleged offenses, prosecution requires prior sanction under the Armed Forces (Special Powers) Act, which is still applicable in Jammu and Kashmir. Following a civilian death due to Army firing in the Shopian district in 2018, Jammu and Kashmir Police had informed the Supreme Court that the Code of Criminal Procedure mandates FIR registration for cognizable offenses without exception.

A three-judge bench had previously stayed the investigation, asserting that “Army officers cannot be treated like ordinary criminals by the J&K Police.”