SC rejects plea for probe into mass murder of Kashmiri Pandits in 1989-90

New Delhi: The Supreme Court on Monday dismissed a plea seeking a probe into mass murder of Kashmiri Pandits at the height of militancy in the Valley in 1989-90, holding no fruitful purpose would emerge as evidence is unlikely to be available at this late juncture.

The plea was made by an organisation named 'Roots In Kashmir' which claimed that 215 FIRs had been lodged relating to the killings of Kashmiri Pandits and other heinous offences and that none of the cases have reached a logical conclusion.

A bench of Chief Justice JS Khehar and Justice DY Chandrachud cited the lapse of almost 27 years in raising the cause of Pandits before it as the key reason for rejecting the plea and said that now no evidence can be found.

"We have heard counsel for the petitioner at some length. We however decline to entertain this petition under Article 32 of the Constitution of India, for the simple reason that the instances referred to in the present petition pertain to the year 1989-90, and more than 27 years have passed by since then.

"No fruitful purpose would emerge, as evidence is unlikely to be available at this late juncture. The instant petition under Article 32 of the Constitution is accordingly dismissed," the bench said.

Advocate Vikas Padora, appearing for the petitioner, said the plea was belated as the victims were on the run to save their lives and at no point of time efforts were made to ensure justice for them either by the state government or by the Centre.

"Even the courts did not take suo motu congnizance of the offence aimed to wipe out entire community from the earth," Padora said, alleging over 700 Pandits were killed in the Valley and that moreover, separatist leader Yasin Malik has confessed to his role in a news show on a television channel.

At one point of time, the bench got irked when the lawyer kept seeking issuance of directions and said "unfortunately, you are seeking headlines. Argue on law and facts".

The lawyer said that the entire community including him has suffered during the forced mass exodus from the Valley and grave injustice would be caused if justice is not done to the cause.

Kashmiri Pandits were forced to migrate from the Valley and could not join the investigation leading to the delay but neither the Centre nor the state government nor the judiciary took adequate note of it to do the needful, he said.

Kashmiri Pandits were forced to flee the Valley in the early 1990s amid rising threats and attacks during the peak of militancy.