The Supreme Court on September 2 gave petitioner 'We the Citizens', an NGO, the liberty to make a representation before the appropriate authorities, namely the Centre, for a Special Investigation Team (SIT) probe into the reasons behind the alleged targeted killings of Kashmiri Pandits and Sikhs in Kashmir in 1990, which led to their exodus from the Valley.
"This is purely in the domain of the Executive," a Bench of Justices B. R. Gavai and C. T. Ravikumar observed orally. The petitioner's lawyer admitted that his client has not made a representation before the government.
Kashmiri Pandits living on the edge
The lawyer said at the time the Ranbir Penal Code was in vogue, but the situation has changed since the abrogation of Article 370 and the Indian Penal Code and the Code of Criminal Procedure Code was enforced now.
The plea has prayed that a SIT should be formed to identify those who 'aided and abetted the genocide' of the Hindu and Sikh communities in the erstwhile State between 1989-2003.
The plea stated that the police and other State machinery at the time were so influenced by the leadership of the ruling political parties that no legal action was taken against the perpetrators and masterminds of 'the religious killings and exodus'.
A number of first information reports registered at the time were not pursued to their logical conclusion even as it has been over 30 years since the 'ethnic cleansing', it has been contended.
"The dastardly genocide and exodus of Kashmiri Hindus and Sikhs which happened in 1989-90 in the Kashmir valley is a glaring example of complete failure of Constitutional machinery in preventing the genocide and protecting the life, property of the Kashmiri Hindu and Sikh in the Kashmir valley. Therefore, the Fundamental Rights guaranteed under Article 14, 19 & 21 of the Constitution of India were openly violated," the petition said.
Grim turn: On targeted killings in Kashmir
The PIL had also prayed for directions to the respondents — the Union and the Union Territory of Jammu & Kashmir — to conduct a census of Hindus and Sikhs of Jammu & Kashmir, who have been victims/survivors of genocide and are now residing in various parts of India.
It has also sought a direction to the respondents to declare as null and void, all sale of properties post exodus in January 1990 whether religious, residential, agricultural, commercial, etc.
