SC Refuses to Entertain a Plea for Judicial Inquiry into Pahalgam Terror Attack, Scoffs at Petitioners

Manas Dasgupta

NEW DELHI, May 1: The Supreme Court on Thursday refused to entertain a plea for judicial investigation into the Pahalgam terror attack and reprimanded the petitioners for a prayer which can demoralise the security forces.

A bench of Justice Surya Kant and Justice NK Singh berated the petitioners for filing an “irresponsible petition” despite the sensitivity of the situation and said the “sensitivity” of the issue should have been looked into before filing such a plea.

The court also asked why the judiciary should oversee a probe into matters related to anti-terrorism, asking, “Since when did Supreme Court judges become experts in these matters?” “Be responsible before filing such PILs. You have some duty towards country also. Is this the way you want to demoralise forces? Since when have we acquired expertise of investigation? You are asking retired SC judge to investigate. They can only adjudicate. Don’t ask us to pass an order”, Justice Surya Kant said.

“This is not the time. This is the crucial hour when each citizen has joined hands against terrorism…don’t make any prayer which can demoralize forces…this is not acceptable to us. Look at sensitivity of the issue”, the bench further stated. The bench further said judges were not experts in probe of terror cases and instructed the petitioners to not to bring such issues in judicial domain.

The PIL was filed by Kashmiri local Junaid Mohd Junaid and two advocates-Fatesh Kumar Sahu and Vicky Kumar, urging the formation of a judicial commission headed by a retired judge of the top court to investigate the terror attack in which 26 tourists were gunned down by terrorists in Baisaran valley in Pahalgam on April 22.

The petitioners had also sought a minimum security standards for tourist sites in areas prone to conflicts, such as Jammu and Kashmir and a direction to the Centre, the Jammu and Kashmir government, the Central Reserve Police Force (CRPF) and the National Investigation Agency (NIA) to prepare an action plan for ensuring the safety of citizens in tourists areas in the Union Territory.

In reply the petitioner urged the court to consider the plea, stating it had been made on behalf of Kashmiri students in other states who may be targeted, either by terrorists or thugs looking for ‘revenge’ against the killing of 26 people. The plea followed concerns expressed by the Jammu and Kashmir government on the safety of the Kashmiri students studying in other states. The J&K Chief Minister Omar Abdullah, days after the attack, had deputed J&K ministers to coordinate with counterparts in other states to ensure the safety of Kashmiri students and residents living there.

The court pointed out the PIL did not mention students “This is not the time. This is the crucial hour when each citizen has joined hands… this is not acceptable to us. Look at sensitivity of the issue…” “For prayer regarding students, you can go to the high courts,” Justice NK Singh said.

The petitioner was eventually allowed to withdraw the plea and given the liberty to approach the High Court with respect to students’ safety, although the government, represented by Solicitor General Tushar Mehta, opposed this move. “Let this not go to the High Court,” he said.

A massive manhunt has been launched, with the military, local police, border forces, and security agencies working together but even 8 days after the attack no trace of the gunmen have yet been found. The investigation into the attack – including questions about how it happened and whether there was a security lapse of any sort – has been taken over by the National Investigation Agency (NIA).

The NIA has identified 20 Over Ground Workers (OGWs), who may have supported the terrorists. Many have been arrested, and the rest are being tracked. Over 2,500 people have been interrogated so far, and coordinated raids against known hideouts linked to members and sympathisers of banned groups have been conducted across J&K.

In one of the biggest attacks in Jammu and Kashmir, Lashkar-e-Taiba-linked terrorists opened fire on a group of tourists in Pahalgam on killing at least 26 people, including foreign tourists, and injuring many others. The Resistance Front (TRF), a Lashkar offshoot, claimed the responsibility for the attack but withdrew the claim a few days later reportedly under pressure from the Pakistani government.