Don’t demoralise security forces, SC junks PIL seeking probe into Pahalgam attack

New Delhi: The Supreme Court on Thursday dismissed a Public Interest Litigation (PIL) seeking a judicial probe into the April 22 Pahalgam terror attack in which 26 people were killed. The petitioners requested the court to order a probe under a retired judge into the terrorist attack on the tourists in Kashmir’s Pahalgam. However, a bench of Justices Surya Kant and N Kotiswar Singh termed the petition irresponsible and said retired judges were not experts.

"Be responsible before filing such 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 retired Supreme Court judge to investigate. Since when retired High Court, Supreme Court judges have become expert in investigation? Tell us, since when we have required this expertise of investigation? We only decide disputes. Don't ask us to pass an order", said Justice Surya Kant.

Petitioners Kashmiri native Junaid Mohd Junaid, Fathesh Kumar Saahu and Vicky Kumar were consequently asked to withdraw the PIL.

"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 sensitivity of the issue", added the judge.

The apex court asked the petitioners to realise the sensitivity of the issue and not make any request in court, which demoralised the forces.

The petitioners also requested the court to ensure minimum security standards for tourist sites in areas prone to conflicts, such as Jammu and Kashmir. For the safety of people in tourist areas of the UT of J&K, the petitioners prayed that an action plan be prepared by the Centre, J&K administration, the Central Reserve Police Force (CRPF), and the National Investigation Agency (NIA).

Directions were further sought for the Press Council of India to ensure that only "fair and true" reporting is allowed in connection with the attack, in order to maintain peace in the society.

At the request of one of the petitioners (appearing in person), the bench allowed the petition to be withdrawn, with liberty to approach the High Court regarding the cause of J&K students studying outside the UT, if any.

On April 22, terrorists opened fire in Baisaran, a popular tourist spot in the upper reaches of Pahalgam in Anantnag district, killing 26 people, mostly holidayers from other states -- an incident that has spiked India-Pakistan tensions, with Prime Minister Narendra Modi asserting that the killers would be pursued "to the ends of the earth." 

(with Live Law inputs)