Roots In Kashmir NGO Files Curative Petition In Apex Court Seeking Probe Into 1989-1990, Kashmiri Pundits Killing, Exodus
(Judicial Quest News Network)
A Kashmiri Pundit organisation “Roots in Kashmir” a NGO has moved Apex Court by way of curative Petition seeking a fresh probe by Central Bureau of Investigation (CBI) or national Investigation Agency (NIA), into the massacre of Kashmiri Pundits and their Subsequent exodus in 1990.
The Curative petition is filed against a verdict of the Apex Court delivered in 2017 dismissing the organization’s petition for probe citing long delay.
Earlier in 2017 the acting Chief Justice JS Kher and Justice DY Chandrachud dismissed the petition stating that “No evidence will be available after 27 years.Whta happened is heart wrenching but we can’t pass orders now “subsequently, the review petition against the verdict was dismissed on October 24,2017.
The plea claimed that the Jammu & Kashmir police has failed to investigate the crimes against terrorists and make any progress in the hundreds of FIRs before it, and the same should be handed over to the CBI or the NIA.
The “Roots in Kashmir” organisation now seeks to reopen the case through the instant curative petition.
A certificate by a Senior Counsel in necessary for filing a curative petition and in this case senior lawyer and president of SCBA Mr. Vikas Singh issued the certificate.
The curative petition says that the court had dismissed the review petition without properly considering the cogent groundsd showing various errors apparent on the face of record as well as the order dated 04-03-2016.
It is further submitted that this curative petition is being filed in order to reconsider its above orders in order to cure a gross miscarriage of justice or failure of Justice caused to the petitioner as provided under Article 129 and 142 of the constitution of India which confers very wide powers on this Hon’ble court to do complete Justice between the parties in the light of the following observations made by the Hon’ble court.
The following strong reasons have been cited for filing this curative petition
This Hon’bla Court was not justified at all in dismissing the Writ petition at the admission stage by merely on presumption that the instances refer to in the present petition pertain to the year 1989-1990 and more than 27 years have passé by since then and no fruitful purpose would emerge, as evidence unlikely to be available at this late juncture.
There is an error apparent on face of the record to the extent that this Hon’ble court assumed s that it is impossible to find out evidence after 27 years when the administering criminal justice is a two way end process, where guarding the ensured rights of the accused under the Constitution is on imperative as ensuring justice to the victim. Though it is really a daunting task but equally a compelling responsibility Vested on the court of law to protect and shield the rights of both.
That a right to a reasonable and fair trial is protected under Articles 14 and 21 of the Constitution of India. Article 14 of the International covenant on civil and political rights, 1966 to which India is a signatory, as well as Article 6 of the European Convention for the protection of Human Rights and Fundamentalfreedom,1950 envisages a fair and reasonable trial.
That a communal harmony is the hallmark of the democracy. No religion teaches hatred. If in the name of the religion, people are killed, that is essentially a slur and bolt on the society governed by rule of law.
The petition had sought probe and prosecution of various persons, including separatist leader Yaseen Malik, for the murders of Kashmiri Pundits during the height of Militancy in the valley in 1989-90.
The Curative petition also quotes the US Supreme Court through Powel,J in Willie Mae Barker Versus John Wingo 33L Ed.2d101 has held that it cannot be said how long a delay is too long in a system where justice is supposed s to be right but deliberate.
In its original petition “Roots in Kashmir”had asked the court to investigate and prosecute terrorist like Yaseen Malik and Farooq Ahmed Daar @Bitta karate, Javed Nalka and others, for hundreds of FIRs of murders of Kashmiri Pundits during 1989-1990 1997-1998 and which are lying uninvest gated by J&K Police even after expire of 26 years.
The petition also cited an order of the Delhi High Court in 2018 in a case relating to 1984 anti-Sikh riots against former Delhi Congress leader Sajjan Kumar in which it had said “It is important to assure those countless victims waiting patiently that despite the challenges, truth will prevail and justice will be done.
The petitioner demanded an independent Committee or Commission to investigate into the mass murders and genocide of Kashmiri Pundits during 1989-1990.
