Supreme court fails yet again to provide justice to Kashmiri pandits: JKCCS

Srinagar: Jammu Kashmir Coalition of Civil Societies (JKCCS) on Tuesday condemned the dismissal of a petition by a non-government organisation to investigate the killings of Kashmiri Pandits in 1989-1990.

The Supreme Court of India, on Monday dismissed a petition filed by a non-government organization reportedly seeking investigations into killings of Kashmiri Pandits in Jammu and Kashmir. The order appears to be based only on the reason that 27 years have passed since the crimes in question and “no fruitful purpose would emerge, as evidence is unlikely to be available at this late juncture”.

“The Supreme Court order is a complete departure from established law that ‘crime never dies’ and there exists no time limitation for justice under Indian and international law with regard to serious crimes such as murder,” the statement added.

“Killings of Kashmiri Pandits, other minorities and all violence in Jammu and Kashmir have never been fairly and credibly investigated,” it added.

Referring to the alleged atrocities by the Indian Armed Forces in Kashmir since the last two decades, it said, “Thus far Jammu and Kashmir has faced widespread, systematic and systemic violence, largely at the hands of the Indian State, that has resulted in an estimated 70,000 killings, 8000+ enforced disappearances, and numerous cases of torture and sexual violence, resulting in 7000+ unmarked and mass graves. To date, despite the presence of evidence, virtually no prosecutions have been conducted against armed forces personnel in civilian courts.”

“This deep and pervasive impunity will be further strengthened and supported by the recent Supreme Court order.”

“Spain, for example, has enacted a special legislation to investigate crimes committed during the Spanish civil war, despite the passage of 80 years. Bangladesh continues efforts to seek justice for crimes of 1971. International institutions such as the International Criminal Court and the International Court of Justice recognize this history of struggle in their founding statutes where there exists no time limitation for the pursuit of justice. The Supreme Court of India has itself recently taken a pro-active approach in for example the case of the 1984 Sikh killings where the court is reviewing the closure of cases by a special investigation team,” the statement said.

“There is a need for credible international investigations as the people of Jammu and Kashmir are reminded once again that the State – in all its forms including the judiciary – are unwilling to provide justice,” the statement further added.

Click to comment
To Top