‘Don’t demoralise forces’: Supreme Court junks plea seeking judicial probe into Pahalgam terror attack

The Supreme Court refused to hear a PIL for a judicial probe into Pahalgam terrorist attack. The bench allowed the petitioner to withdraw the plea.

The Supreme Court on Thursday slammed a petitioner and junked his plea for seeking judicial probe into the Pahalgam terror attack last month, stating that such petitions only seek to demoralise forces at a time when every citizen of the country has united to fight terrorism.

A view of the Supreme Court (SC) of India in New Delhi. A bench of Justices Surya Kant and N Kotiswar Singh said, “This is the crucial hour when each and every citizen of this country has joined hands to fight terrorism.” (PTI)

Dismissing the plea, a bench headed by justice Surya Kant reminded petitioner Hatesh Kumar Sahu of his responsibility to the nation and slammed him for acting “irresponsibly” by filing a petition seeking a probe by a retired Supreme Court or high court judge to investigate the attack.

“This is a crucial hour when each and every citizen of the country has joined hands to fight terrorism. Don’t demoralise our forces by filing such petitions,” the bench, also comprising justice N Kotiswar Singh, said.

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Sahu, a lawyer, clarified to the court that his intent was not to demoralise forces and he is willing to withdraw the plea.

Reminding him to be circumspect before filing such petitions, the bench said, “You owe a responsibility to the country. And this is the way you choose to demoralise our forces?”

“Since when have retired Supreme Court and high court judges become experts in investigating cases? You have requested that a former judge of this court should investigate the incident. Judges decide disputes before them. Since when have they gained the expertise to investigate?” the bench asked Sahu.

The petitioner told the court that his concern was for students studying in the state as the attack had claimed the lives of tourists and civilians from other parts of the country who were vacationing there. The court said, “It is better you withdraw this petition. Do not ask us to pass any orders.”

Solicitor general Tushar Mehta, appearing for the Centre, informed the court that such petitions should not go even before the high court. The court permitted the petitioner to withdraw and only on the aspect of safety and security of students, allowed Sahu to approach the concerned high court.

At least 26 people were killed and around 15 others were injured after terrorists opened fire at tourists in Baisaran meadow of Pahalgam area in south Kashmir’s Anantnag district on April 22. The famous tourist spot, also known as ‘mini Switzerland’, is accessible only by foot or ponies.

The Resistance Front (TRF), a proxy terror outfit of Pakistan-based Lashkar-e-Taiba, claimed responsibility for the attack.

The Pahalgam attack was the worst civilian attack in the Valley in recent years, and it was condemned by the Supreme Court, bar associations in the Supreme Court and various high courts.

A resolution adopted by the Full Court of the SC, comprising all judges, said, “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.”

Condemning the “cowardly” attack on tourists, the resolution said, “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.”

“The nation stands with the victims and their families in this hour of indescribable grief,” it further said.