Supreme Court dismisses curative petition seeking CBI or NIA probe into ‘genocide’ of Kashmiri Pandits

The plea sought prosecution of Yasin Malik, Farooq Ahmed Daar, Bitta Karate, Javed Nalka, and others

December 8, 2022

Setback for Kashmiri Pandit community as SC dismisses curative petition for SIT probe

The Supreme Court has dismissed a curative petition filed by the organization Roots in Kashmir’ seeking a probe by either the Central Bureau of Investigation (CBI) or National Investigation Agency (NIA) into the 1989-90 mass murders and genocide of Kashmiri Pandits.

‘Roots in Kashmir’ is a Kashmiri Pandit-run NGO.

A bench comprising Chief Justice D Y Chandrachud, Justice Sanjay Kishan Kaul, and Justice S Abdul Nazeer said: “We have gone through the Curative Petition and the connected documents. In our opinion, no case is made out within the parameters indicated in the decision of this court in Rupa Ashok Hurra v Ashok Hurra. The Curative Petition is dismissed.”

The plea challenged an order of the top court passed in 2017 dismissing the plea saying, “the instances referred in the petition pertaining to the year 1989-90, and more than 27 years have passed by since then. No fruitful purpose would emerge, as the evidence is unlikely to be available at this late juncture.”

A statement from the organization said that the curative petition cited a 2018 Delhi High Court order on Sajjan Kumar in an anti-Sikh riots case. The high court allowing the appeal said, “It is important to assure those countless victims waiting patiently that despite the challenges, the truth will prevail and justice will be done…”

The plea said: “Transfer of investigation of all the FIRs/ cases of murder and other allied crimes against Kashmiri Hindus in the year 1989-90, 1997 and 1998, to some other independent investigating agency like CBI or NIA or any other agency as appointed by this court, as till date J&K Police has failed miserably to make any progress in hundreds of FIR’s lying pending with them”.

The plea sought prosecution of Yasin Malik, Farooq Ahmed Daar, Bitta Karate, Javed Nalka, and others, for hundreds of FIRs of murders of Kashmiri Hindus during 1989-90, 1997, and 1998, and which are lying un-investigated by the J&K Police even after expiry of 26 years.

“Transfer of all the FIRs/ cases pertaining to murders of Kashmiri Pandits, from the State of J&K to some other State (preferably State of NCT of Delhi), so that the witnesses, who were reluctant to approach police or courts in view of their safety concerns, can freely and fearlessly come and depose before Investigating agencies and Courts,” added the plea.

The plea urged the top court to issue directions to complete the trial and prosecution of Yasin Malik for the gruesome murder of four officers of the Indian Air Force on the morning of January 25, 1990, which is currently pending before the CBI court.

“Appointment of some independent Committee or Commission to investigate into the mass murders and genocide of Kashmiri Pandits during 1989-90 and subsequent years, and also to investigate the reasons for non-prosecution of FIRs of murders of Kashmiri Pandits and court-monitored investigation so that the hundreds of FIR’s can reach their logical conclusion without any further delay,” added the plea.

[With Inputs from IANS]

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