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PAPER: BOOK
INDEX
9) ANNEXURE P-1:
Xerox copy alongwith true
translated copy of FIR No.26/2018
dated 27.01.2018, P.S. Shopian
under sections 336, 307, 302 of
Ranbir Penal Code
SYNOPSIS
for protecting the morale of the soldiers of Indian Army, who are
laying their lives in the line of duty, to uphold the dignity of the
Indian Flag.
has been registered by the local police against the son of the
deranged mob who were pelting the said vehicles with stones
accordance with the law of the land. Yet, they were made
situations.
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therein knowing fully well that he was not present at the place
of State.
Lodging of the FIR naming the son of the Petitioner, who was
the Armed Convoy but were even trying to lynch some of the
circumstances.
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show the volatility of the situation and make it writ large that
Justice will not be meted out to the Petitioner and his son,
India but will also have a numbing effect on the morale of the
LIST OF DATES
situations.
Court.
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VERSUS
3. Union of India,
Through Secretary,
Ministry of Home Affairs,
Government of India,
North Block, Cabinet Secretariat,
Raisina Hill, New Delhi … Respondents
India.
1 [Pages
accordance with the law of the land. Yet, they were made
such situations.
these areas.
and make it writ large that Justice will not be meted out to
the Petitioner and his son, which will not only be in grave
[Pages
3 [Pages
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given absolute immunity against the act done for the said
purpose.
compel them to put the life of his soldier at stake but also
the same can be observed from the fact that had the
the persons so fired upon would have lived to tell the tale.
terrorist activity.
Act 1950 shall prevail. The Courts have held that all
Court has held that the relevant chapters of the Army Act
13. Thus having established that the Army Act is a special law
Kashmir:-
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from the same source from which they receive theirs? (i.e.
power under the act only in the places which have been
below:-
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follows:
17. Thus, form the above it is clear that the Army personnel
Government.
as follows:
follows:-
whole.
facie found that the act or omission for which the accused
fulfilled.
follows:
carrying out the action. Thus, any act which was done
police authority did not pay any heed towards the gradual
order.
said FIR with neither any legal basis nor any justification.
and Kashmir.
27. That the said local police/civil authorities have still not
RAHAT i.e. during the Poonch floods when the Army was
28. It is towards this very end that the Petitioner seeks that
behalf:-
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Government?
and Kashmir?
and Kashmir?
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VIII. Why the State Govt till date not lodged FIR against
brought to justice?
29. That the Petitioner has not filed any other petition before
ends of justice.
PRAYER
Country;
bonafide duties;
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Alternatively,
investigating agencies;