New Delhi: The Supreme Court on Thursday declined to entertain a Public Interest Litigation (PIL) seeking a judicial investigation into the April 22 terrorist attack in Pahalgam, Jammu and Kashmir, which left 26 people dead. The bench, comprising Justices Surya Kant and N Kotiswar Singh, criticised the petitioners for demanding that a retired judge oversee the probe.
“In this crucial time, each and every citizen of the country has joined hands to fight terror. Do you want to demoralise the security forces by filing this kind of PIL? Don’t bring this kind of issue to the judicial domain,” the bench said.
The petition, filed by advocates Fatesh Kumar Sahu and Vicky Kumar along with Junaid Mohd, a resident of Kashmir, had sought court directions for the appointment of a retired Supreme Court or High Court judge to monitor the investigation. It also requested that the Centre and Jammu and Kashmir administration implement a safety action plan for tourist areas and issue guidelines to the Press Council of India to ensure accurate reporting on the attack.
The bench, however, questioned the rationale behind involving the judiciary in investigative roles. “You are asking a retired Supreme Court judge to investigate. Since when the retired judges of the high court and supreme court became experts in investigation? They can only adjudicate and decide an issue. Don’t ask us to pass an order. Go wherever you want to go. Better you withdraw,” the bench told one of the petitioners.
Refusing to pass any directions, Justice Kant added, “Don’t bring such issues into the judicial domain. Go wherever you want, but don’t ask us to interfere.”
The plea also demanded the formulation of minimum security standards at tourist destinations in conflict-prone regions and a coordinated response plan involving the Central Reserve Police Force (CRPF), National Investigation Agency (NIA), and the Union Territory’s administration.
The attack occurred in Baisaran, a scenic tourist destination in Anantnag district, when militants opened fire on a group of visitors, killing 26, most of them from other Indian states. The incident heightened tensions between India and Pakistan, with Prime Minister Narendra Modi vowing that those behind the attack would be hunted down.
Ultimately, the petitioners agreed to withdraw the plea after the court expressed concern that their demands could potentially affect the morale of the forces on the ground.