Breaking: Supreme Court Dismisses Curative Petition In Plea Seeking Investigation Into 1989-90 Kashmiri Pandit Genocide

A three-judge Bench of the Supreme Court has dismissed the curative petition filed against the order of the Court refusing to entertain a petition seeking an investigation into the mass killing of Kashmiri Pandits in the valley in the year 1989-90.

A Bench of Chief Justice DY Chandrachud, Justice SK Kaul and Justice S. Abdul Nazeer has dismissed the curative petition after circulation on November 22. The order has been uploaded on the website now.

"We have gone through the Curative Petition and the 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 Ashok Hurra", the order says.

Rupa Ashok Hurra v Ashok Hurra is a case of 2002 by which a Constitution Bench of the Apex Court introduced the concept of Curative Petition and prescribed the modalities for the same.

"The Curative Petition is dismissed", Bench has held.

The Curative Petition was filed against the order dated October 25, 2017 in the review petition, passed by the Bench of the then Chief Justice Dipak Misra and the current Chief Justice D. Y Chandrachud. 

"We have carefully gone through the Review Petition and the connected papers, but we see no reason to interfere with the order impugned. The Review Petition is, accordingly, dismissed", the Bench had held in the order passed after circulation. 

The Supreme Court in 2017 declined to interfere with the petition seeking the revival of FIRs filed for the death of nearly 700 Kashmiri Pandits, court-monitored investigation by an independent agency such as the Central Bureau of Investigation (CBI), and an inquiry commission to probe reasons for non-prosecution of FIRs by the then state government.

"We however decline to entertain this petition under Article 32 of the Constitution of India, for the simple reason that the instances referred to in the present petition pertain to the year 1989-90, and more than 27 years have passed by since then. No fruitful purpose would emerge, as evidence is unlikely to be available at this late juncture. The instant petition under Article 32 of the Constitution is accordingly dismissed", a Bench comprising the then Chief Justice JS Khehar and present Chief Justice DY Chandrachud had held.

In September this year, the Court had dismissed a fresh plea seeking SIT probe into the genocide of Kashmiri Pandits and Sikhs in the Valley, with liberty to approach the concerned authorities with the demand. The Bench comprising Justice B. R. Gavai and Justice C. T. Ravikumar had said that the issue is in the domain of the government. "Please approach the government", the Bench had said.

Cause Title- Roots in Kashmir versus Union of India & Ors.

Click here to read/download Order