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Upananda Brahmachari | HENB | New Delhi | July 25, 2017:: Very unfortunately, the Supreme Court on Monday dismissed a PIL filed by an NGO seeking an order to investigate and prosecute various people for a clutch of offences including the massacre of over 700 Kashmiri Pandits between 1989 and 1990, saying it was too late.
Dismissing the PIL filed by an NGO, “Roots in Kashmir”, the court said “its heart wrenching but you should have moved the court 27 years ago”. The organisation has alleged that 215 FIRs had been lodged relating to the murder of over 700 Kashmiri Pandits.
The plea had sought a probe and prosecution of various persons, including separatist leader Yasin Malik, for the murders of Kashmiri Pandits during the height of militancy in the Valley in 1989-90.
It is not known at the end of HENB, whether the PIL mentioned the destruction over 200 Hindu temple and shrines during that period of 1989-90 along with the Genocide in Kashmir made by the Islamic separatists in the valley.
The PIL filed this year by the NGO on behalf of displaced Kashmiri Pandit youth had sought reinvestigations in criminal cases and transfer of these cases outside the state.
The PIL also contended that none of the murder case has reached a logical conclusion.
A bench of Chief Justice J S Khehar and Justice D Y Chandrachud said that almost 27 years have passed and it will be very difficult to gather evidences in cases of murder, arson and looting which had led to mass exodus of Kashmiri Pandits from the Valley.
“You (petitioner) sat over it for last 27 years. Now tell us from where the evidence will come,” the bench said (mocked?) the petitioner.
The counsel for the NGO, Advocate Vikas Padora said, “Kashmiri Pandits were forced to leave their homes in the Valley and could not join the investigation”. While he conceded that here has been a delay, he also said neither the Centre nor the state government nor the judiciary took adequate note of it to do the needful.
It is shocking enough that the hearts of CJI Shri. J S Khehar and Shri D Y Chandrachud J. wrenched acutely, but it is not known whether their conscience did respond well or not at all.
The Supreme Court recently ordered to make trial for the accused BJP MPs, Leaders of BJP and VHP identified culpable by the Liberhan Commission as constituted in connection of destruction of Babri Mosque in 1992. But, unfortunately SC is failed to probe a Hindu massacre occurred just two years before 1992. For a single destruction of a Mosque can set up an Commission in India, but the system is blind and not be able to set up a Commission for the destruction of 200 temples in Kashmir valley!
The people of India know the Mukherjee Comission. The Justice Manoj Mukherjee (A retd. Judge of SC) Commission, was constituted by the Government of India in 1999 to inquire into the alleged death of Netaji Subhas Chandra Bose in 1945. Definitely, there were many hardships to collect and verify the evidences after 54 years from Bose’s alleged death. However, that Commission was constituted and performed well.
But, just after 27 years of Genocide of Kashmiri Pandits, murdering over 700 in numbers, driven out from their roots in Kashmir, vandalization of their homes and hearths, destruction of over 200 of their places of worships, no Commission could not be/cannot be set up for that massacre in Kashmir valley in 1989-90.
This is the grim reality of Kashmir. This the reality for the Hindu Kashmiri Pandits and this reality may be universal for the Hindus of Bharat.
The political, judicial, social system in India always find the scope to victimize the majority people under attack and find a favoritism for the culpable minority even bullying upon the majority people.
The views expressed by SC for the instant PIL filed by “Roots in Kashmir” and the stand of the present Govt in case to share the grief and pain of the killed-tortured-uprooted-massacred Kashmiri people, show a drastic denial for the Rights to get Justice.
The Hindu, roots in Kashmir Pandits did not get any Justice for the last 27 years and they are not entertained now by the SC for the cause of time lapse, cannot be a face of Justice and Humanity.
With all good sense, Hon’ble Supreme Court of India can recommend a Commission to probe the Genocide/Massacre in Kashmir during 1989-90 and the Govt of India in its Law and Justice Ministry can take the initiative accordingly.
Hindu Existence Forum demands a High power Commission to probe the Genocide in Kashmir during 1989-90 without any delay. This may be a good way to confer Natural Justice to the victimized and uprooted Kashmiri people.