HC refuse to entertain further PIL seeking 'martyr' status for 26 Pahalgam attack victims

The Punjab and Haryana High Court refused to entertain further a PIL seeking posthumous status of “Martyr/Shaheed” for 26 tourists killed in a terrorist attack at Pahalgam. The Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel pronounced the order in the open court this morning.

The court refrained itself from entering into the field of policy-making, saying it was exclusively reserved for the executive. Disposing of the plea, the Bench at the same time asked the petitioner to file a representation before an appropriate authority and the same would be considered if filed within 30 days.

The Bench had earlier asserted: "Does declaring them a martyr fall under Article 226? Please provide one precedent. This is an administrative matter and a question of policy, and should be left to the executive to decide. Can we do it?" Responding to the query, petitioner Ayush Ahuja had submitted: "The innocent tourists were shot by the terrorists in the name of religion, they had to face them like a soldier..."

Filed in public interest, Ahuja – a practising advocate – had sought a direction to the Union of India and the Prime Minister’s Office to officially confer the title “Martyr/Shaheed” as a lifetime tribute. Ahuja had also prayed for the erection of statues bearing the victims’ names inscribed in golden letters. The petitioner further sought a declaration to rename the attack site as “Memorable Martyrs/Shaheed Hindu Valley Tourist Place” to honour the memory of the slain tourists and embed their sacrifice in national consciousness.