Roots in Kashmir a Kashmiri Pandit organisation filed a petition in Supreme Court to order a probe in the Forced Exodus and Genocide of Kashmiri Pandits, but their petition was thrown out by Supreme Court of India. The Apex Court quashed the petition by saying “The instances referred to in it pertain to 1989-90, and more than 27 years have passed.”
Three days ago Supreme Court of India ordered scrutiny of SIT’s decision to close 241 cases related to Anti-Sikh riots. Now a group of Kashmiri Pandits has questioned the Supreme Court for its dual standards. They alleged discrimination and said if 1984 Sikh riots can be investigated then what’s the problem with investigating 1990 Kashmiri Hindu Genocide and Exodus.
On July 24, a bench of CJI J S Khehar and Justice D Y Chandrachud had dismissed a PIL filed by a body representing Kashmiri Pandits “For the simple reason that the instances referred to in it pertain to 1989-90, and more than 27 years have passed”.
“If the court can scrutinise each case of anti-Sikh riots which happened 33 years ago and order re-opening of the closed ones, why can they not order a probe into the killings of Kashmiri Pandits which took place 27 years ago?” asked Vikas Padora, the counsel for Roots in Kashmir.
On July 24 after filing the petition the counsel for Roots in Kashmir Mr Vikas Padora reminded the apex court that not a single FIR out of 215 registered cases was investigated by the State of Jammu & Kashmir, and the Union government too failed to take any measures to ensure justice to the families of victims or punish “terrorists like Yasin Malik”, but the counsel was snubbed by the CJI for making a political speech.
The CJI asked him: “Where were you till now? Why are you coming to court now? Are you making a drama here? Are you making a political speech and saying all this for making headlines in the media?” Padora told Mail Today, “By saying that no evidence is available now, the court is giving liberty to police officers and authorities not to investigate at all. It is the duty of the police to say there is no evidence and file a closure report, and not of the court.”
Amit Raina of Roots in Kashmir said, “All the accused and witnesses are still alive and probably most of the investigation officers are also alive. The FIRs have not been closed and the cases are open in the judicial system itself. In the anti-Sikh killings even today they have not been able to identify the main accused. In the killings of Kashmiri Pandits, the accused have been identified. There are recorded statements of some accused admitting their involvement also.”
“A large number of Kashmiri Pandits were forced to flee the Valley and could not join the local investigation agency. This led to initial delay. However, neither the Centre, nor the state government, nor the judiciary has taken adequate note of it to do the needful,” Padora said, adding 215 FIRs were lodged but not a single one had been investigated.