The Indian Supreme Court on Thursday dismissed a Public Interest Litigation (PIL) seeking a judicial inquiry into the recent Pahalgam attack, criticizing the petitioner for acting irresponsibly during a time of national crisis.
A bench led by Justice Surya Kant, with Justice N Kotiswar Singh, strongly rebuked the petitioner, advocate Hatesh Kumar Sahu, stating that such petitions could demoralize security forces who are working tirelessly to combat terrorism. The court emphasized national unity in the face of terror and questioned the rationale behind involving retired judges in criminal investigations.
“This is a crucial hour when each and every citizen of the country has joined hands to fight terrorism. Don’t demoralise our forces by filing such petitions,” the bench observed, reminding Sahu of his responsibility as a citizen. “You owe a responsibility to the country. And this is the way you choose to demoralise our forces?”
The petitioner had requested a judicial probe into the April 22 terror attack in Pahalgam, where 26 civilians, including tourists, were killed and around 15 injured.
Sahu claimed his concern was for students and civilians' safety, but the court advised him to withdraw the plea, noting that judges are not investigative experts. Sahu, a lawyer, clarified he never intended to demoralise the forces and was willing to withdraw the plea.
“Since when have retired Supreme Court and high court judges become experts in investigating cases? You have requested that a former judge of this court should investigate the incident. Judges decide disputes before them. Since when have they gained the expertise to investigate?” the bench observed.
Solicitor General Tushar Mehta, appearing for the Centre, also opposed the plea and said such matters should not even be entertained by high courts. The Supreme Court allowed the petitioner to withdraw the PIL but permitted him to raise concerns regarding student safety before the appropriate high court.
The top court, along with various bar associations and legal bodies, has already condemned the attack. In a full court resolution, all Supreme Court judges expressed grief and outrage, describing the massacre as a “diabolical act of mindless violence” and an “affront to humanity.”
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. The attack on tourists, who were merely enjoying the natural beauty of the Crown Jewel of India, i.e. Kashmir, is undoubtedly an affront to the values of humanity and the sanctity of life and this court strongly condemns the same.”
“The nation stands with the victims and their families in this hour of indescribable grief,” it said further.
