‘Executive domain’: SC on Kashmiri Pandits’ rehabilitation

The petition sought a probe by a Special Investigation Team (SIT) into the targeted killings of Kashmiri Pandits and Sikhs in Jammu & Kashmir between 1990 and 2003.

New Delhi: The issues relating to rehabilitation of Kashmiri Pandits and Sikhs in Jammu & Kashmir following their 1990s exodus is “purely in the domain of the executive”, observed the Supreme Court on Friday, as it asked an NGO petitioner to first approach the Union government and the Union territory administration with its cluster of pleas, which included a probe into the “ethnic cleansing”.

In July 2017, the Supreme Court turned down a separate plea for an investigation into the “mass murders and genocide of Kashmiri Pandits during 1989-90 and subsequent years” and the “reasons for non-prosecution of FIRs” of the incidents. (Sonu Mehta/HT PHOTO)

‘It’s purely in the domain of the executive. You approach the government. Why should we interfere?” a bench of justices BR Gavai and CT Ravikumar asked the counsel for NGO “We The Citizens”, while refusing to wade into the matter at first instance.

It asked the NGO’s lawyer Barun Sinha whether the petitioner has approached the competent authorities, to which Sinha replied in negative. The lawyer also agreed to approach the Centre and UT administration.

The bench then proceeded to record in its order that the petitioner has chosen to withdraw the petition and is thus given the liberty to file representations before appropriate authorities.

The petition sought a probe by a Special Investigation Team (SIT) into the targeted killings of Kashmiri Pandits and Sikhs in Jammu & Kashmir between 1990 and 2003, which forced their exit from the Kashmir valley. It further prayed for conducting a census of Hindus and Sikhs who were compelled to migrate out of the valley and rehabilitate them again.

The police and other State machinery, the petition claimed, were so influenced at the time by the leadership of the ruling political parties that no legal action was taken against the perpetrators and masterminds of the killings.

“The government and State machinery failed to act to protect the life of Hindus and Sikhs and allowed anti-nationals, terrorists and anti-social elements to take control of the whole of Kashmir,” the petition contended, adding a large number of first information reports (FIRs) registered at that time were never taken to their logical conclusion even as it has been over 30 years since the “ethnic cleansing”,

It said that the fundamental rights of the communities guaranteed under Articles 14, 19 and 21 of the Constitution were. The plea also sought a direction to declare as null and void the sale of properties, including religious, residential, agricultural, commercial, institutional and educational, post January 1990.

In July 2017, the Supreme Court turned down a separate plea for an investigation into the “mass murders and genocide of Kashmiri Pandits during 1989-90 and subsequent years” and the “reasons for non-prosecution of FIRs” of the incidents. The plea by “Roots in Kashmir” alleged at the time that 215 FIRs were lodged relating to the murder of over 700 Kashmiri Pandits, and none of the cases reached a logical conclusion.

The Supreme Court, however, rejected the petition on the grounds that more than 27 years had elapsed in the matter and evidence was unlikely to be available. Later, review and the curative petitions against the July 2017 dismissal order were also not entertained.