New Delhi, December 8
The Supreme Court (SC) has dismissed a curative petition seeking a probe by the CBI/NIA or any other court-appointed agency into the alleged mass murders and genocide of Kashmiri Pandits (KPs) in Jammu and Kashmir during 1989-90.
“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,” a Bench of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul and Justice S Abdul Nazeer said, dismissing the curative petition filed by Roots in Kashmir, a group of Kashmiri Pandits.
The order dated November 22 was uploaded on the top court’s website recently.
“No evidence will be available after 27 years. What happened is heart-wrenching but we can’t pass orders now,” the top court had said on July 24, 2017 while dismissing the main petition. On October 24, 2017, the top court also dismissed the petitioner’s review petition.
However, citing the re-opening of anti-Sikh riots’ case after over 30 years, the petitioner had in the curative petition contended that no limitation period was applicable in crimes against humanity and in cases of genocide and ethnic cleansing.
Questioning the court’s 2017 order, the curative petition alleged that the J&K Police miserably failed to make any progress in hundreds of FIRs pending with them.
On September 2, the Supreme Court had refused to entertain a PIL seeking direction to the government to rehabilitate/resettle Kashmiri Hindus and Sikhs, including those who migrated since 1990 from Kashmir to any other part of India due to terrorism. However, it had given liberty to the petitioner NGO to approach the Central Government and the Union Territory of Jammu and Kashmir with the grievances.
On September 19 this year, the top court had refused to entertain a petition seeking a probe into the killing of a Kashmiri Pandit in 1989, saying the petitioner can move the high court for relief. Petitioner Ashutosh Taploo, whose father Tika Lal Taploo was killed by JKLF militants in 1989, wanted the top court to order a probe into it.
Petitioner cites anti-Sikh riot case
- Urging the top court to reconsider its 2017 order dismissing the petition, the curative plea cites the re-opening of anti-Sikh riots after over 30 years.
- The petitioner contends that no limitation period is applicable in crimes against humanity and in cases of genocide.
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