Three days after the Supreme Court ordered scrutiny of SIT’s decision to close 241 cases related to anti-Sikh riots in 1984, a section of Kashmiri Pandits has questioned a recent order by the apex court declining an investigation into killings of hundreds of Hindus on the ground that it happened 27 years ago.
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”. Drawing a parallel between the two orders, the petitioner Roots in Kashmir described the court’s stand as “travesty of justice”.
“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.
When Padora had argued before the bench 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”, 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.”
Leaders of the Kashmiri Pandits body said they will soon be filing a review petition against the dismissal of their application.
NO TIME FOR KASHMIRI PANDITS?
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.”
In the anti-Sikh riots case, the SC appointed a supervisory body of two former judges to scrutinise the SIT decision to close 199 cases in the 1984 anti-Sikh riots matter. The bench led by Justice Dipak Misra had also asked the panel to also examine the SIT’s decision to close additional 42 riot-related cases. The top court has directed the supervisory body to examine the issue and submit a report within three months.
WHY THE DIFFERENTIAL TREATMENT?
Noting that the SC should have also taken cognisance of the killing of Kashmri Pandits just like the anti-Sikh riots, B L Wali a lawyer belonging to Kashmir said, “There cannot be a differential treatment in cases of killings. It should be dealt on the same footing.” Roots in Kashmir leaders said the entire community has suffered from the forced exodus and grave injustice would be caused if the justice done to the relatives of victims.
“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.
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