Curative petition: In a huge setback to the Kashmiri Pandits, the Supreme Court on Thursday dismissed a curative petition seeking probe by a central agency or any other court-appointed agency into the alleged mass murders and genocide of Kashmiri Pandits in Jammu and Kashmir during 1989–1990.
The order that was uploaded on SC’s website, said: We have gone through the Curative Petition and the connected documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra v Ashok Hurra. The Curative Petition is dismissed.
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A curative petition is the last legal recourse in the Supreme Court and it is generally heard in the chamber unless a case is made out for reconsideration of the verdict.
Petition filed by Roots in Kashmir
A three-judge bench OF Chief Justice DY Chandrachud and Justices SK Kaul and SA Nazeer dismissed the petition filed by a body of Kashmiri Pandits, ‘Roots in Kashmir’. It said that the Supreme Court was not justified in dismissing the curative petition at the admission stage in 2017 merely on the presumption that the instances referred to in it pertained to 1989-1990. It stated that no significant purpose would emerge as evidence is unlikely to be available at this late juncture.
“This really amounts to a failure of justice or gross miscarriage of justice caused to the petitioner in view of the fact that the petitioner has stated in the writ petition as well as in the review petition that this court has not only entertained the writ petition and also passed necessary direction for trial etc. in cases where the incident pertains to even more than 30-32 years,” the petition stated.
Previously, the organisation filed a writ petition in the Supreme Court seeking a probe and prosecution of several persons in connection with the killing of Kashmiri Pandits during 1989-90, 1997 and 1998.
Sought transfer of investigation
The petition had also sought a transfer of investigation of all FIRs and cases of murder and other allied crimes against Kashmiri Pandits during the same period to some independent investigating agency like the CBI or the NIA or any other agency appointed by the Supreme Court.
The plea stated that the Jammu and Kashmir Police had failed to make any progress in the hundreds of FIRs pending with them. The plea was dismissed in April 2017 and it also dismissed the review petition that was filed in the case at hand.
The organisation then sought consideration of previous verdicts via the curative petition. They also urged the court to decide the writ petition afresh. It also highlighted that the Supreme Court had appointed a special investigation team in the post-Godhra riots cases on petitions filed before it.
“The Constitution of India, in its preamble, refers to secularism. Religious fanatics really do not belong to any religion. They are no better than terrorists who kill innocent people for no rhyme or reason in society,” the petition said.
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