According to Senior Bharatiya Janata Party leader Subramanian Swamy, the First Information Report (FIR) clearance given by Nirmala Sitharaman (as claimed by Mehbooba Mufti) was un-authorised as it is clearly mentioned in Article 7 of the Armed Forces Special Protection Act (AFSPA) that specifically forbids any FIRs being registered against the Army action. Speaking to reporters after his meeting with the President of India, Shri Ramnath Kovind, Swamy added that Pakistan is fully exploiting this FIR saga in the international community to tarnish India.
Choosing his words carefully, Swamy said that Pakistan has used this FIR to spread the message that the Indian Army is using brute force to kill children. He added that this decision is a blot on the governance of our country (India).
“It has weakened our stance around the world. I have been asking Nirmala Sitharaman if she has given the sanction or not. It is now 10 days and seeing no response, I have requested the President of India to summon her under Article 75 and 78 and ask for an explanation.”
In the meantime, the father of Major Aditya, against whom the FIR has been filed, has taken up this matter with the Supreme Court and the apex court is expected to look into this on Monday. When asked about this development, Swamy said,
“If the Central government does not ask the Jammu and Kashmir Government to withdraw that FIR, we will come to grief in the Supreme Court, because this is a blatant violation of Section 7 of the AFSPA, without a prior sanction of the Government of India. There is a procedure for this – the State Govt. has to apply for it, there is an authority which will evaluate it and if it found merit, it goes to the President. No process was followed – it was a pure conversation between Nirmala Sitharaman and Mehbooba Mufti. But we can’t run the government on personal conversations.”
Details of this conversation, including the circumstances that led to the firing, are detailed in the link provided at the end of this article2.
The more interesting question that needs to be asked is why this issue is not being discussed in the Parliament? Swamy had filed a Calling Attention Motion in the Rajya Sabha on filing FIR against Army by J&K Police but Zero hour has been hijacked by members of a regional party who have not been allowing the Zero Hour to function at all. What a waste of Public resources!
This matter needs to be resolved now. The political fallout of this has already begun and unless this is dealt with firmly, years of work invested in raising India’s profile in the international stage will be lost.
 Swamy speaking to media after meeting the President – Feb 9, 2018, TimesNow
 Pakistan exploiting FIR against the Army by J & K State Police – Feb 9, 2018, TimesNow
 Swamy files Calling Attention Motion in RS on filing FIR… Feb 4, 2018, PGurus.com