NEW DELHI: The Supreme Court on Thursday this is not the time to demoralise the security forces after the April 22 Pahalgam terror attack which claimed lives of 26 people as it refused to entertain a PIL for judicial probe into the matter.
The court castigated the petitioners, reminding them that the judges are not to investigate but to adjudicate the matter.
A bench of Justices Surya Kant and N Kotiswar Singh declined to entertain a plea for judicial probe into the terror attack, which is currently being investigated by anti terror agency NIA.
"This is not the time. This is the crucial hour when each citizen has joined hands. Don't make any prayer which can demoralise forces, this is not acceptable to us. Look at sensitivity of the issue," the bench told the counsel as he sought to mention the petition.
The court asked the counsel if he wanted to argue the plea.
"Be responsible before filing such PILs. You have some duty towards country also. Is this the way you want to demoralize forces? Since when we (judges) acquired expertise of investigation," the bench asked the counsel.
The court told the counsel as to how retired Supreme Court judge would investigate the matter.
"They can only adjudicate. Don't ask us to pass an order. Go wherever you want to go. Better you withdraw," the bench said.
The counsel urged the bench to appoint an amicus in the matter, and requested the court to pass a direction regarding the safety of students studying outside Jammu and Kashmir.
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The bench, expressing anguish at the directions sought from the court, told the counsel, "First you are asking for a retired Supreme Court judge to investigate…issue guidelines for so and so…award interim compensation so and so…direct the Press Council of India to do so…".
The counsel for petitioners submitted there may be safeguards for students studying outside Jammu & Kashmir.
For the plea regarding students, the bench said the petitioners can go to the High Court.
Solicitor General Tushar Mehta, appearing for the Centre, submitted, "Let it not go to High Court".
The court allowed the pleas to be withdrawn and granted liberty to one of the petitioners-in-person to approach High Court with regard to cause of students.
The PIL was filed by advocates Fatesh Kumar Sahu and Vicky Kumar, and another person Junaid Mohd Junaid.