Sunday, October 25, 2020
Home Opinions Why SC's refusal to probe the genocide of Kashmiri Pandits is a travesty of...

Why SC’s refusal to probe the genocide of Kashmiri Pandits is a travesty of justice

The Supreme Court on Monday rejected a plea seeking probe and subsequent prosecution in the genocide of Kashmiri Pandits which took place during 1989-90.

The plea sought probe and prosecution of various persons, including terrorist turned ‘leaders’ Yasin Malik and Bitta Karate, for the heart-wrenching crimes committed against the Pandits.

A bench of Chief Justice JS Khehar and Justice DY Chandrachud held that almost 27 years have passed since the event took place, hence it would be “very difficult” to gather evidences in the cases of murder, arson and looting which led to the mass exodus of Kashmiri Pandits from the Valley.

It was in 1989-90 when Islamic terrorism raised its head in Kashmir. The Islamists systematically targeted the Kashmiri Pandits and lynched at-least 700 of them. Scores of Pandit women were raped, their houses were looted and burnt down. Many Hindu temples were desecrated. And finally Kashmiri Pandits were forced to flee the Valley, which they fondly used to call home.

This macabre event underlined a clear breakdown of law and order. It was an abysmal failure of democracy. Open threats were given to the minorities (Hindus), hit lists were made and innocent Hindus murdered in broad daylight. The state administration failed to protect the Kashmiri Hindus, control the carnage against them and prevent their subsequent departure from the Valley.

Senior journalist and author Rahul Pandita in his book Our Moon has Blood Clots, has chronicled some of the most brutal murders of Pandits at the hands of the Islamists. He has recounted how the Kashmiri Pandits became “nobody’s people” when the genocide took place. He writes:

“Hundreds of Kashmiri Pandits were tortured and killed, and about 350,000 Kashmiri Pandits were forced to leave their homes and spend the rest of their lives in exile in their own country.”

While the official figure of Jammu & Kashmir government pegged the casualty of Kashmiri Pandits at just 219, estimations suggest point to a figure close to 700. After the dust settled down on one of the worst human exoduses the country has ever seen, the Kashmiri Pundits started to hope that justice would be delivered to them one day.

To ensure that, as many as 215 FIRs were filed. None of them reached a logical conclusion. Not even a single person has till date been convicted for the gruesome crime.

It is also a known fact that the Kashmiri Pandits who are living in exile, could not properly join the investigation process as their homeland was not even suitable for a brief visit. In such a case investigations should have reached out to them, but that never happened. Till date the investigation reports by the local police continue to be available. The police could have launched the proceeding to prosecute the accused. The state government, the Centre, the judiciary could have done the needful, but unfortunately that never happened.

The Supreme Court, the highest judicial forum and final court of appeal under the Constitution of India, could have looked into all aspects of the cases. But by refusing to entertain a plea seeking probe and prosecution of the guilty, the Supreme Court like many before it, has simply shut the door on the plight of the Kashmiri Pandits.

I decided to reach out to the Pandits themselves to hear their reactions:

If you have a Ram Mandir-Babri case for 150 years, an anti-Sikh riot case for 34 years and if you can reopen the Gujarat riot cases suo motto then in Kashmiri Pandits’ genocide case when both the accused and the witnesses are still available, how can the Supreme Court say that the evidences won’t be found? It is the job of the investigative agencies and the prosecutions to tell the court that the evidences can’t be found. But the Supreme Court can’t presume so.

 Amit Raina, who represents Roots of Kashmir, the organisation that filed the appeal in the Supreme Court

 “amazing” and “shocking,” Such an Order is unheard of in any place where genocide has taken place in such a large scale. We are hugely disappointed and are trying to grapple with it.

– Dr Ajay Chrungoo, Chairman of Panun Kashmir

It is very unfortunate. Kashmiri Pandits who have been persecuted and killed 27 years ago are yet to get justice from the law of the land and at the same time the separatists continue to have a field day.

– Sanjay Ganjoo, president of Jammu Kashmir Vichar Manch.

The Supreme Court has made a huge error of judgement. This is a clear case of miscarriage of justice. We are going to fight it.

– Sushil Pandit, founder of Roots in Kashmir

Finally, if the Bangladeshi judiciary can grant death sentences to Islamists for the 1971 genocide more than four decades after the event, then why aren’t we doing the same for our people?

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

Saswat Panigrahi
Political writer, policy observer.

Related Articles

Trending now

After Turkey President Erdogan says Macron ‘needs treatment’ over attitude to Muslims, Pakistanis trend #boycottfranceproducts on Twitter

Pakistani bots putting their weight behind Turkey president Erdogan's call of 'giving treatment' to French President Macron.

India Today releases a squint eyed statement, pats itself in the back for paying Rs 5 L to the court in TRP manipulation case,...

India Today has released a statement on the current TRP scam and it makes no sense.

“Allah will burn this woman in Hell”, Islamists attack TMC leader Nusrat Jahan for participating in Durga Puja

"You are the descendant of Satan -Evil. Don't you feel any shame for doing such dirty things?" an extremist commented on Nusrat Jahan for participating in Durga Pujo.

Times Now asked to air apology to Rahul Gandhi fangirl Sanjukta Basu for calling her ‘Hindu hater’, “We won”, she tweets

The directive to Times Now comes 19 months after Basu had filed a complaint with the NBSA.

Pakistan: Hindu temple vandalised during Navratri, idol of Hinglaj Mata broken by miscreants in Sindh

While taking cognisance of the despicable incident, the Sindh police have assured that they would nab the miscreants soon for vandalising the Hindu temple.

Maharashtra Police arrests Twitter user Sameet Thakkar over ‘Baby Penguin’ remark against Aaditya Thackeray

Twitter user Sameet Thakkar from Nagpur has been arrested for posting derogatory tweets against the Thackerays.

Recently Popular

‘He supplies drugs and girls’: Estranged wife of Mahesh Bhatt’s nephew Luviena Lodh alleges harassment by nephew-uncle duo

Luviena Lodh said that Mahesh Bhatt is the don of the industry, and he controls everything that goes on in the film industry

France: Charlie Hebdo cartoons projected on government building to express solidarity with deceased teacher who was beheaded by Islamic terrorist

Days after the barbaric beheading of teacher Samuel Paty on the streets of Paris by a terrorist for showing the cartoons of Prophet Mohammad to his students, support continues to pour in for the deceased teacher.

Radio Mirchi RJ finds space with radical preacher Zakir Naik as she waters down terms like ‘Kafir’ and ‘Jihad’

A video featuring Radio Mirchi RJ Sayema is doing rounds on the internet in which she was seen normalising anti-Hindu bigotry by legitimising the usage of radical Islamic terms as 'Kafir' and 'Jihad'.

‘Encounter specialist’ cop facing murder charges and reinstated by Param Bir Singh had joined Shiv Sena

Sachin Vaze, Pradeep Sharma, who were both 'encounter specialist' cops facing murder charges, were close to Mumbai CP Param Bir Singh

Faisal Khan says he wants to come out of brother Aamir Khan’s shadow who had earlier called him ‘mentally ill’

Faisal Khan said he will have to break out of his superstar brother's shadow and make his own decisions so that people recognise him as an individual

Exclusive: Conversation that shows how Mumbai Police is trying to coerce witness into naming Republic TV in TRP scam

While Hansa Research report and the FIR filed named India Today in TRP scam, in less than 24 hours, Mumbai Police had seemingly made up its mind that Republic TV was the culprit
- Advertisement -

After Turkey President Erdogan says Macron ‘needs treatment’ over attitude to Muslims, Pakistanis trend #boycottfranceproducts on Twitter

Pakistani bots putting their weight behind Turkey president Erdogan's call of 'giving treatment' to French President Macron.

Xitler: Activists campaign to shift the 2022 Winter Olympics away from China, pointing out how Hitler had used the 1936 games to promote himself

Hashtag #MoveTheGames is trending on Twitter to urge organizers to move venue for Winter Olympics 2022 out of China

India Today releases a squint eyed statement, pats itself in the back for paying Rs 5 L to the court in TRP manipulation case,...

India Today has released a statement on the current TRP scam and it makes no sense.

News Broadcasters Association asks Republic journalists not to cross ‘Lakshman Rekha’, says their journalism is toxic and unethical

NBA issues statement in Mumbai Police-Republic TV clash, says it does on agree with the channel while paying lip service to freedom of speech

“Allah will burn this woman in Hell”, Islamists attack TMC leader Nusrat Jahan for participating in Durga Puja

"You are the descendant of Satan -Evil. Don't you feel any shame for doing such dirty things?" an extremist commented on Nusrat Jahan for participating in Durga Pujo.

Times Now asked to air apology to Rahul Gandhi fangirl Sanjukta Basu for calling her ‘Hindu hater’, “We won”, she tweets

The directive to Times Now comes 19 months after Basu had filed a complaint with the NBSA.

Pakistan: Hindu temple vandalised during Navratri, idol of Hinglaj Mata broken by miscreants in Sindh

While taking cognisance of the despicable incident, the Sindh police have assured that they would nab the miscreants soon for vandalising the Hindu temple.

Maharashtra Police arrests Twitter user Sameet Thakkar over ‘Baby Penguin’ remark against Aaditya Thackeray

Twitter user Sameet Thakkar from Nagpur has been arrested for posting derogatory tweets against the Thackerays.

Congress MLA Jitu Patwari insults Shivraj Singh Chouhan while boasting of Kamal Nath’s industrialist friends

Congress MLA Jitu Patwari while addressing a rally in Mandhata referred to Chief Minister Shivraj Singh Chouhan as Kamal Nath's 'pair ki dhool' (unworthy).

Dear Rahul Gandhi, time to go to Baran to fight for justice of those minor girls whose rape was denied by Rajasthan CM

Rajasthan Chief Minister Ashok Gehlot had denied the Baran rape case saying that the victims had gone with the culprits willingly

Connect with us

245,563FansLike
468,117FollowersFollow
19,200SubscribersSubscribe