The Supreme Court on Thursday (May 1) refused to entertain a public interest litigation (PIL) seeking a judicial probe in the Phalagam terror attack that killed 26 people on April 22. The top court rebuked the petitioners, calling the PIL an "irresponsible petition" during a sensitive time in the country and asked if they intend to "demoralise" the security forces. They further said that it is a time when every Indian has joined hands to fight against terrorism.
"Be responsible before filing such a PIL. You have some duty towards the country also. This is the way you are trying to demoralise the forces in this hour of crisis and juncture? You are asking a retired Supreme Court judge to investigate. Since when have retired High Court and Supreme Court judges become experts in investigation? Tell us, since when have we acquired this expertise in investigation? We only decide disputes. Don't ask us to pass an order", said Justice Surya Kant.
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The judge further added, "This is not the time. This is the crucial hour when each and every citizen of this country has joined hands to fight this terrorism...don't make any prayer which can demoralise our forces...it is not acceptable to us. Look at the sensitivity of the issue".
Earlier, the top court had condemned the Pahalgam attack as "an affront to the values of humanity". In a resolution, it said, "This diabolical act of mindless violence has shaken the conscience of all and is a stark reminder of the brutality and inhumanity that terrorism unleashes."
What did the petitioners want?
The PIL was filed by Kashmiri local Junaid Mohd Junaid and two advocates-Fatesh Kumar Sahu and Vicky Kumar. In the plea, the petitioners prayed that an action plan be prepared by the Centre, Jammu and Kashmir administration, Central Reserve Police Force (CRPF), and the National Investigation Agency (NIA) for the safety of tourists.
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The petitioners also sought directions for the Press Council of India to ensure that only "fair and true" reporting is allowed in connection with the attack, to maintain peace in the society. They also appealed to the top court to ensure the safety of J&K students studying outside the UT. The Supreme Court bench of Justices Kant and N Kotiswar Singh allowed withdrawal of the petition, and allowed the petitioners to approach the High Court with respect to the cause of J&K students studying outside the UT.