The curative petition has called for the ‘investigation and prosecution of terrorists like Yasin Malik, Farooq Ahmed Dar (Bitta Karate)’
Kashmiri Pandits. AP
A Kashmiri Pandit organisation called ‘Roots in Kashmir’ on Thursday filed a curative petition in the Supreme Court seeking a Central Bureau of Investigation (CBI) or National Investigation Agency (NIA) probe into the killings of Kashmiri Pandits in the valley in the 1990s.
According to LiveLaw, the curative petition has been filed against a 2017 verdict by the top court which had dismissed the group’s petition for investigation, citing “long delay.”
A bench comprising the then Chief Justice JS Khehar and Justice DY Chandrachud had said “No evidence will be available after 27 years. What happened is heart-wrenching but we cannot pass orders now,” LiveLaw reported.
According to the website, the fresh plea has reiterated the original petition’s demands:
It has called for investigation and prosecution of terrorists like Yasin Malik, Farooq Ahmed Dar (Bitta Karate) and Javed Nalka for the murder of Kashmiri Pandits during 1989- 90, 1997 and 1998, and which are lying uninvestigated by Jammu and Kashmir Police even after expiry of 26 years.
Completion of trial and prosecution of Yasin Malik for the murder of four IAF officers of the Indian Air Force on 25 January 1990. The case is currently pending before CBI court.
Transfer of investigation of all cases of murders and other allied crimes against Kashmiri Pandits in 1989, 1990, 1997 and 1998 to the CBI or NIA or any other agency appointed by the SC.
Transfer of cases from Jammu and Kashmir to some other region preferably the National Capital Territory of Delhi so that witnesses feel safe to depose before the probe agencies and courts.
Appointment of an independent commission to probe the mass murder of Kashmiri Pandits during 1989-90 and the subsequent years.
The petitioner said that the apex court’s 2017 decision to dismiss the plea for probe on the sole ground of long delay amounts to a “grave error apparent on the record,” LiveLaw reported.
The plea said some victim families have not pursued cases over safety concerns.
According to Bar and Bench, a curative petition is the last judicial resort available for redressal of grievances.
With inputs from agencies
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