Stepping up his demand, BJP leader Subramanian Swamy on Tuesday urged President Ram Nath Kovind for summoning Defence Minister Nirmala Sitharaman to clarify whether clearance was given to register a First Information Report (FIR) against the Army officers in Jammu and Kashmir. In a letter to the President, Swamy said that “treacherous FIR” has demoralized the Army and the Defence Minister is keeping silent for more than 10 days after Jammu and Kashmir Chief Minister Mehbooba Mufti claimed that she had got sanction from Nirmala.
On January 27, an Army convoy was stone pelted and attacked by a Jihadi mob in Shopian and a Junior Commissioned Officer (JCO) was badly injured.
Last week Swamy had filed a notice for Calling Attention Motion in Rajya Sabha and sought Prime Minister Narendra Modi to seek clarification from the Defence Minister. “Ms. Sitharaman’s silence for the last 10 days or more on the Chief Minister’s revelation is tantamount to concurrence with her, i. e. she did concur with the action of filing the FIR. As you know, under Section 7 of the Armed Forces Special Protection Act (AFSPA), an FIR to be registered requires the sanction of the Government of India. The question is whether this section was complied with and a formal sanction given,” said Swamy.
The BJP leader said that on the very first day, January 29, Mehbooba had claimed in the Assembly that she had got Nirmala’s clearance. Seeing the silence, he has now upped the ante, writing to the President, seeking the Defence Minister to clarify the truth.
On January 27, an Army convoy was stone pelted and attacked by a Jihadi mob in Shopian and a Junior Commissioned Officer (JCO) was badly injured. The fallen JCO was brutally attacked by the jihadi driven attackers. For saving the JCO, Army opened fire and three people were killed in the chaos. Playing dirty vote bank politics, the J&K Government, registered a case against the Army officers including a Major. As the area is under AFSPA, a Sanction from the Centre is needed to register FIR against Army and according to Mehbooba, Nirmala consented to register a police case.
“Hence, I had demanded the Defence Minister make a clarification statement on whether she had indeed given the J&K Government that required Sanction or nod for the treacherous FIR, which today has demoralized the Army whose jawans and officers are getting killed almost daily in J&K defending the integrity of our Nation,” said Swamy.
The BJP leader pointed out that President under Article 78(c ) can ask the Prime Minister to refer any decision of the Minister to the Council of Ministers for consideration. “Since this is a sensitive matter, you may as President consider summoning the Minister of Defence and obtaining a clarification from her. Thereafter as per your wisdom and the Constitution, you may please take action as you deem fit,” he added.
 By slapping FIR against the Army Mehbooba Mufti govt has opened a Pandora’s Box – Jan 31, 2018, PGurus.com