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Key Points

The Supreme Court strongly rejected a Public Interest Litigation seeking a judicial probe into the Pahalgam terror attack in Jammu and Kashmir. Justice Surya Kant's bench emphasized the importance of national unity and warned against actions that could potentially demoralize security forces. The court refused to entertain the petition for a special investigation team, redirecting the petitioner to alternative legal channels. Notably, the National Investigation Agency has already taken over the probe into the deadly incident that claimed 26 civilian lives.

Key Points: SC Rejects Pahalgam Attack Probe PIL Citing Force Morale

  • Supreme Court declines PIL for independent probe into Pahalgam attack
  • Judges emphasize not demoralizing security forces
  • NIA takes over investigation of terrorist incident
  • Court suggests alternative legal routes for petitioner
3 min read

'Can't demoralise our forces', SC declines PIL seeking judicial probe into Pahalgam attack

Supreme Court dismisses PIL seeking judicial inquiry into J&K Pahalgam terror attack, emphasizes national unity against terrorism

"This is the crucial hour when each and every citizen of the country has joined hands to fight terrorism. - Supreme Court Bench"

New Delhi, May 1

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 N.K. 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.

Further, the plea sought direction to the Union government to form a Special Investigation Team (SIT) to ensure accountability for the terror attack.

Meanwhile, the Director General (DG) of the National Investigation Agency (NIA) reached Pahalgam on Thursday after the anti-terror agency took over the probe, following an order issued by the Counter Terrorism and Counter Radicalisation (CTCR) division of the Union Ministry of Home Affairs (MHA).

- IANS

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Reader Comments

R
Rajesh K.
SC made the right call here. Our forces are already investigating professionally - why undermine them with unnecessary judicial probes? Let them do their job. 🇮🇳
P
Priya M.
While I understand the court's concern about morale, shouldn't we have transparency in such serious matters? 26 lives lost deserves thorough accountability. The NIA probe better deliver results.
A
Amit S.
The way petitioner kept changing arguments shows how frivolous PILs waste court's time. Judges were absolutely right to scold them. We need stricter penalties for such petitions.
N
Neha T.
Heartbreaking incident 😔 Tourists should feel safe in our own country. Hope NIA identifies the handlers across the border quickly. J&K tourism can't afford more such attacks.
V
Vikram J.
Judges made valid point - retired judges aren't investigators. But wish they had shown same strictness when activist lawyers file PILs against development projects in name of environment!
S
Sunita R.
Security forces are doing their best in difficult conditions. Instead of finger-pointing, we should focus on supporting victims' families and improving intelligence gathering. #UnitedAgainstTerror

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