SC rejects plea for probe into massacre of Kashmiri Pandits

THE BENCH SAID IT WILL BE VERY DIFFICULT TO GATHER EVIDENCE IN CASES OF MURDER, ARSON AND LOOTING WHICH HAD LED TO A MASS EXODUS

The Supreme Court on Monday dismissed a public interest litigation (PIL) filed by an NGO seeking an order to investigate and prosecute various people for a clutch of offences including the massacre of over 700 Kashmiri Pandits between 1989 and 1990, saying it was too late.

Dismissing the PIL filed by Roots in Kashmir, the court said “its heart wrenching but you should have moved the court 27 years ago”.

The organisation has alleged that 215 FIRs had been lodged relating to the murder of over 700 Kashmiri Pandits.

The plea had also sought a probe and prosecution of various persons, including separatist leader Yasin Malik, for the murders of Kashmiri Pandits during the height of militancy in the Valley in 1989-90.

The PIL filed this year by the NGO on behalf of displaced Kashmiri Pandit youth had sought reinvestigations in criminal cases and transfer of these cases outside the state.

It also contended that none of the murder cases filed in the matter seem to have reached a logical conclusion.

A bench of Chief Justice JS Khehar and Justice D Y Chandrachud said that almost 27 years have passed and it will be very difficult to gather evidence in cases of murder, arson and looting which had led to a mass exodus of Kashmiri Pandits from the Valley.

“You (petitioner) sat over it for last 27 years. Now tell us from where the evidence will come,” the bench said.

The counsel for the NGO Vikas Padora said Kashmiri Pandits were forced to leave their homes in the Valley and could not join the investigation. While he conceded that here has been a delay, he also said neither the Centre nor the state government nor the judiciary took adequate note of it to do the needful.

The apex court also asked the petitioner to come up with the evidence, if possible.