New Delhi: Observing that it would be impossible to gather evidence after a gap of 27 years, the Supreme Court on Monday refused to reopen 215 criminal cases in which 700 Kashmiri Pandits were killed during the 1989-90 carnage in the Valley.
The court’s decision came as a setback to families of Pandits who were hoping to get justice, even though belatedly, over the killings. On the other hand, the rejection of the plea by the apex court brought relief to separatist leaders like Yasin Malik who were allegedly involved in inciting the violence against Pandits.
Most of these 215 cases are of murder, arson and looting that caused a mass exodus of Pandits from the Valley at the height of militancy.
Dismissing a writ petition filed by an NGO, Roots of Kashmir, a bench of Chief Justice J.S. Khehar and Justice D.Y. Chandrachud told counsel Vikas Padora, “You (petitioner) sat over it for last 27 years. Now, tell us from where the evidence will come?” “What happened is heart wrenching but we can’t pass orders now, after 27 years,” the court said.
The bench declined the plea for a fresh probe and trial of several persons, including separatist leader Yasin Malik, for alleged offences against Kashmiri Pandits.
When the counsel said that Kashmiri Pandits were forced to leave the Valley and could not join the subsequent investigations, Chief Justice Khehar observed, “If you are so badly treated, you should have come to the court then. Why did not the community move the courts earlier? You can’t keep shouting from rooftops but not move the courts.”
The petitioner also accused the Centre and the J&K government of not taking note of the crimes against Pandits.
