‘Don’t demoralise troops’: SC junks PIL for judge-led probe into Pahalgam attack

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 25 tourists and a local 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 demoralise the forces in this hour of crisis and juncture? You are asking a retired Supreme Court judge to investigate. Since when retired high court and 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 demoralise 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.

Judges aren’t investigation experts

“Since when retired high court and Supreme Court judges have become experts in investigation? Don’t make any prayer that can demoralise our forces… Look at the sensitivity of the issue” SC Bench

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 petition.

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 Centre to form a special investigation team (SIT) 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”. Terming it a “diabolical act of mindless violence", a resolution unanimously adopted by the Full Court said, “The nation stands with the victims and their families in this hour of indescribable grief."

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.

India