Kashmiri Pandits body moves SC for CBI or NIA probe into 1990 massacre

A Kashmiri Pandits body has filed a curative petition in the Supreme Court for the CBI or NIA probe into the alleged mass murders and genocide of the minorities in Muslim-majority erstwhile State of Jammu and Kashmir during 1989-90.

The plea by Roots in Kashmir has challenged an order of the top court passed in 2017 dismissing the petition.

The court had then said, "the instances referred in the petition pertaining to the year 1989-90, and more than 27 years have passed by since then. No fruitful purpose would emerge, as the evidence is unlikely to be available at this late juncture".

The development comes days after the release of a Hindi film 'The Kashmir Files', which highlighted the plight of Pandits during the early 1990s.

A statement from the organisation said that in support of the curative petition, a certificate has been issued by senior advocate and president, Supreme Court Bar Association, Vikas Singh. A curative petition is a last legal resort in the Supreme Court after the dismissal of a petition and review plea.

The curative petition also cited a 2018 Delhi High Court order on Sajjan Kumar in the 1984 anti-Sikh riots case, saying, "It is important to assure those countless victims waiting patiently that despite the challenges, truth will prevail and justice will be done”.

The plea sought transfer of investigation of all the FIRs and cases of murder and other allied crimes against Kashmiri Pandits in the year 1989-90, 1997 and 1998, to some other independent investigating agency like CBI or NIA or any other agency as appointed by this Court, since till date J&K police has failed miserably to make any progress in hundreds of FIRs lying pending with them.

The plea sought prosecution of Yasin Malik and Farooq Ahmed Daar alias Bitta Karate, Javed Nalka, and others, for hundreds of FIRs of murders of Kashmiri Pandits during 1989- 90, 1997, and 1998, lying un-investigated.

It also sought transfer of all the cases to some other State, preferably Delhi, so that the witnesses, so far reluctant to approach police or courts in view of their safety concerns, can freely and fearlessly come and depose.

It also asked the top court to issue direction to complete the trial and prosecution of Yasin Malik for the murder of four officers of the Indian Air Force on the morning of January 25, 1990, which is currently pending before CBI Court.

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