Pahalgam terror attack: SC refuses to entertain PIL seeking judge-led SIT probe

The Supreme Court on Thursday refused to entertain a PIL seeking an SIT probe headed by a former judge into the April 22 Pahalgam terror attack in Jammu and Kashmir in which 26 tourists were killed.

“Be responsible before filing such a PIL. You have some duty towards the country also. This is the way you are trying to demoralize the forces in this hour of crisis and juncture? You are asking a retired Supreme Court judge to investigate. Since when retired High Court, Supreme Court judges have become experts in investigation? We only decide disputes. Don't ask us to pass an order”, a Bench of Justice Kant and Justice N Kotiswar Singh said.

“This is not the time. This is the crucial hour when each and every citizen of this country has joined hands to fight this terrorism...Don't make any prayer which can demoralize our forces...it is not acceptable to us. Look at the sensitivity of the issue,” Justice Kant told the lawyer who mentioned the matter for urgent hearing.

The Bench pulled up the lawyer for filing the petition seeking a probe into the Pahalgam massacre. As the Bench was not inclined to entertain the PIL, the petitioners chose to withdraw the PIL.

The National Investigation Agency (NIA) is already investigating the case.

Hailing from Jammu and Kashmir, Md Junaid and advocates Fatesh Kumar Shahu, and Vicky Kumar had sought a direction to the Centre, Jammu and Kashmir, the Central Reserve Police Force, and the NIA to prepare an action plan for ensuring the safety of citizens in tourist spots in the union territory.

They also wanted the top court to direct the central government to form a special investigation team to ensure accountability over the terror attack.

In an unusual move, the Supreme Court had on April 23 condemned the “cowardly terrorist attack on tourists” at Pahalgam in Jammu and Kashmir in which 26 people were killed and several others were injured on Tuesday.

Terming it a “diabolical act of mindless violence”, a resolution unanimously adopted by the Full Court this morning said, “The nation stands with the victims and their families in this hour of indescribable grief.”

“This diabolical act of mindless violence has shaken the conscience of all and is a stark reminder of the brutality and inhumanity that terrorism unleashes. The Supreme Court of India pays its respectful tribute to the innocent lives snuffed out brutally and prematurely while also expressing its heartfelt condolences to the bereaved families. May the departed souls rest in peace and may those who were injured recover soon.

“The nation stands with the victims and their families in this hour of indescribable grief. The attack on tourists, who were merely enjoying the natural beauty of the Crown Jewel of India i.e. Kashmir, is undoubtedly an affront to the values of humanity and the sanctity of life and this Court strongly condemns the same,” read the resolution.

The Supreme Court judges, lawyers, members of the staff and all other persons present in the court and in the Registry had observed two-minute silence expressing solidarity with the victims as well as their bereaved families.