Supreme Court dismisses curative petition seeking probe into killings of Kashmiri Pandits

The Supreme Court recently dismissed a curative petition challenging a 2017 order of the top court dismissing a plea seeking registration of fresh FIRs, re-investigation and speedy disposal of pending cases with regard to the killing of Kashmiri Pandits in Kashmir [Roots in Kashmir V/s Union of India & Ors]..A bench of Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul and S Abdul Nazeer dismissed the curative petition, saying that no case was made out. ."We have gone through the curative petition and thee connected documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra V/s Ashok Hurra," the Court said. .The curative petition was filed by 'Roots in Kashmir', an organisation working for the justice and welfare of Kashmiri Pandits, though its member Amit RainaThe plea challenged an order passed by the Supreme Court in 2017 whereby the Court had dismissed the organisation's petition which was seeking registration of fresh FIRs and re-opening or probe into the killing pandits from 1989..In 2017, a bench of Chief Justice JS Khehar and Justice DY Chandrachud had dismissed the petition, observing that since 27 years have passed from the date when incident happened, no fruitful purpose would emerge by entertaining the plea. .Subsequently, the review petition was against the order was dismissed on October 24, 2017 and the same was challenged by way of the curative petition..In curative petition, the petitioner submitted that the apex court was not justified at all in dismissing the writ petition at the admission stage merely on presumption that there would be no evidence since instances referred to in the petition pertain to the year 1989-1990.."This really amounts to failure of justice or gross miscarriage Justice caused to the petitioner in view of the fact that the Petitioner has stated in the writ petition as well as in Review petition that this Court has not only entertained the petition but also passed necessary direction for trial in cases where the incident pertains to even more than 30-32 years," the curative petition said. .It was further submitted that the Court failed to appreciate that more than 700 Kashmiri Pandits were murdered between 1989 and 1998 and FIRs were lodged in more than 200 cases but not even a single FIR reached the stage of filing of chargesheet or conviction..Petitioner referred several judgments including an observation made by the Constitution Bench in 'Rupa Ashok Hurra V/s Ashok Hurra' in 2002 wherein the filing of curative petition was permitted..However the Court said that no case was made out within the parameters indicated in the decision of the apex Court in Rupa Ashok V/s Ashok Hurra for entertaining curative petitions..[Read Order]