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Judiciary

SC to hear plea for SIT probe into targetted killings of Kashmiri Pandits

By LawStreet News Network      02 September, 2022 04:36 PM      0 Comments
SC to hear plea for SIT probe into targetted killings of Kashmiri Pandits

NEW DELHI: The Supreme Court is to hear on Friday a plea seeking SIT probe into the "targeted killings" of Kashmiri Pandits in Kashmir in 1990, resulting into their mass exodus from the valley.

A bench of Justices B R Gavai and C T Ravikumar would take up a petition filed by NGO 'We the Citizens, which also sought a direction to declare all sale of properties, post exodus in the year January 1990, as null and void.

The plea also prayed for a direction for the rehabilitation of those who migrated out of the valley and also sought SIT be formed to identify those who 'aided and abetted the genocide' of the Hindu and Sikh communities between 1989-2003.

The development comes at a time when a curative petition, filed by 'Roots in Kashmir', is already pending in the Supreme Court for a probe either by the CBI or National Investigation Agency into the alleged mass-murders and genocide of Kashmiri Pandits during 1989-90.

In its petition filed in March, 2022, 'Roots in Kashmir' questioned the validity of the Supreme Court's order passed in 2017 rejecting such a plea for probe into the killings.

"The instances referred in the petition pertain to the year 1989-90, and more than 27 years have passed by since then. No fruitful purpose would emerge, as the evidence is unlikely to be available at this late juncture," the apex court had then said.

The organization had said that in support of the curative petition, a certificate has been issued by senior advocate and president, Supreme Court Bar Association, Vikas Singh.

The curative petition also relied upon an order passed by the Delhi High Court in 2018 against former Congress MP Sajjan Kumar in 1984 anti-Sikh riots case.

"It is important to assure those countless victims waiting patiently that despite the challenges, truth will prevail and justice will be done, the HC had said.

The plea sought transfer of investigation of all the FIRs and cases of murder and other allied crimes against Kashmiri Pandits in year 1989-90, 1997 and 1998, to some other independent investigating agency like CBI or NIA or any other agency as appointed by this court. It further contended till date, J&K police has failed miserably to make any progress in hundreds of FIRs pending with them.

The plea sought prosecution of Yasin Malik and Farooq Ahmed Daar alias Bitta Karate, Javed Nalka and others, for hundreds of FIRs of murders of Kashmiri Pandits during 1989- 90, 1997 and 1998, which remained un-investigated.

It also sought transfer of all the cases to some other State, preferably Delhi, so that the witnesses, so far reluctant to approach police or courts in view of their safety concerns, can freely and fearlessly come and depose.

It also asked the top court to issue direction to complete the trial and prosecution of Yasin Malik for murder of four officers of Indian Air Force on the morning of January 25, 1990, which is currently pending before CBI court.



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