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The Supreme Court, on Monday, July 24, 2017, refused to entertain a petition seeking a fresh probe in the massacre of Kashmiri Pandits, thereby seeking to re-open the 215 cases of their killings, after the petitioner failed to prove his locus standi.
The bench comprising of Chief Justice of India (CJI) J.S. Khehar and Justice D.Y. Chandrachud held that this petition cannot be maintained as it would be difficult to obtain evidence of the killings after 27 years.
This decision was given in reply to a fresh petition that was filed seeking a trial against the separatist, Yasin Malik. The petitioner contended that Yasin Malik was one of the persons behind the killing of Kashmiri Pandits in 1989-90. It was alleged that Malik had committed offences during that period and hence he must be tried.
The petition was in relation to the unrest in Kashmir, in 1990, which resulted in the cold-blooded killings of several Kashmiri Pandits and many others, who in turn had to leave Jammu and Kashmir. Separatists and terrorists had systematically called for the killing and ouster of Kashmiri Pandits.
The Apex Court asked the petitioner to obtain evidence, if possible, otherwise, the petition could not be held maintainable.
The petitioners had told the Supreme Court that they need a “sense of justice” in the case. It was alleged that due to the exodus, many people could not join the investigation and that no charge-sheet could be filed in many cases in all these years.
Accepting the failure in filing the petition at an early time, the petitioners argued that the petition should be maintainable as the community had legitimate expectation. They stated that the successive governments had repeatedly made fake promises that the Pandits could return, however, no one is making endeavors to protect them.
The Hon’ble Court, however raised doubts pertaining the fact that the petitioners were not serious enough with respect of the issue in the petition and had rather filed the same for attaining publicity for their NGO.