Implores petitioner to relocate HC
The Supreme Court stated on Monday that it is not inclined to accept a plea calling for an investigation into the 1989 murder of a Kashmiri Pandit, implying that the petitioner may be able to obtain remedy through the high court.
The petitioner was given permission to drop the plea after a bench of Justices B R Gavai and C T Ravikumar noted that it had recently declined to consider a similar case.
The bench said, “We have made it clear that we cannot differentiate between two petitions. If you wish to withdraw, you withdraw it.”
Senior attorney Gaurav Bhatia withdrew the plea on behalf of the petitioner while still allowing him to pursue any proper legal remedies.
Bhatia stated throughout the arguments that the petition was submitted by a person whose father, T L Taploo, was brutally murdered by the Jammu Kashmir Liberation Front (JKLF) in 1989 and that it relates to a “very serious situation.”
Justice is the only thing Bhatia is searching for right now, given the atmosphere that existed there.
He cited a ruling made by the supreme court in the 1984 anti-Sikh riots cases and claimed that after more than 30 years, steps had been done, charges had been brought, and defendants had been found guilty.
The bench answered, “We are not inclined to consider,” noting that the petitioner could seek relief from the high court.
The bench stated, “We still have faith in our high courts.
Bhatia claimed that in contrast to the petition, which the Supreme Court just declined to hear, this one was submitted by a person whose father had been brutally murdered.
He claimed that after his father was killed, the Delhi-based petitioner was told to leave Kashmir.
On September 2, the Supreme Court ordered a non-governmental organisation (NGO) that had brought up the alleged “genocide” of Hindus and Sikhs in Jammu and Kashmir between 1989 and 2003 to present a case to the Center and the competent authority.
In their argument, the NGO requested the creation of a Special Investigation Team to determine who carried out the alleged genocide and who provided support and assistance.
The top court had given the petitioner permission to withdraw the plea with the freedom to make a representation to the competent authority and to the government.
The NGO’s petition also requested guidelines for conducting a census of Hindus and Sikhs who were either “genocide” victims or survivors who are currently living in various regions of India. It also aimed to help individuals who had relocated following the migration brought on by the upsurge in militancy in 1990.