SC no to PIL Seeking Judicial Probe Into Pahalgam Attack

New Delhi: The Supreme Court on Thursday declined to entertain a plea seeking the formation of a probe panel headed by a retired apex court judge to investigate the deadly April 22 terror attack in Jammu and Kashmir’s Pahalgam, which claimed the lives of 26 civilians.

A bench headed by Justice Surya Kant came down heavily on the PIL litigant for filing such a petition before the top court.

“Be responsible before filing such a PIL. Since when have retired High Court or Supreme Court judges become experts in investigation? Since when have we (judges) gained the expertise of investigation? We only decide disputes. Please do not ask for these prayers (for investigation under supervision of a retired SC judge),” said the Bench, also comprising Justice NK Singh.

It added, “This is the crucial hour when each and every citizen of the country has joined hands to fight terrorism. Don’t make any prayers which could demoralise our forces. It is not acceptable to us! Look at the sensitivity of the issue.” Sensing the disinclination of the court to entertain the plea for a probe into the terrorist attack, the PIL litigant suddenly raised the issue of Jammu and Kashmir students studying outside the union territory, while pleading that he intended to withdraw other prayers contained in the petition. At this, the apex court said, “We will not mention anything. Please go wherever you want to go. Do not ask us to pass an order! Are you sure about the prayer you made in the petition? You force us to read all these things (files) at night, and then you forget the prayers you made!”

However, the Justice Kant-led Bench suggested that the prayer in relation to J&K students studying outside the union territory may be made before the jurisdictional HC.

Ultimately, the apex court allowed the petitioner to withdraw the PIL but granted liberty to approach the concerned High Court with respect to the cause of students (if any).

The PIL filed in the wake of the deadly terrorist attack in Pahalgam sought directions to the Centre, Jammu and Kashmir Union Territory administration, CRPF, NIA and other authorities to prepare an action plan to ensure the safety of citizens in the tourist areas of the valley.