Supreme Court on Thursday refused to grant a Public Interest Litigation (PIL) to set up an inquiry commission led by a retired Supreme Court judge to look into the terror attack on Jammu and Kashmir's Pahalgam town on April 22 that martyred 26 civilians.
A bench led by Justice Surya Kant and Justice N.K. Singh heavily criticized the petitioner for requesting the same from the highest court of the land. "Be accountable before filing such a PIL. Since when did retired Supreme Court or High Court judges become experts in investigation? Since when did we (judges) become experts in investigation? We just settle disputes," said Justice Kant while rejecting the notion that ex-judges should lead probes.
The court also warned against offering prayers that could undermine national harmony or the morale of security forces. "This is the decisive moment when all citizens of the country have come together to fight terrorism. Don't pray something which can demoralise our forces. It is not acceptable to us! See the sensitivity of the matter," the bench observed.
When the court showed its unwillingness to accept the plea for a judicial inquiry, the petitioner diverted the argument to bring up concerns over the students from Jammu and Kashmir going out for education outside the Union Territory. He also sought withdrawal of the rest of the pleas in the petition.
The court, however, took umbrage. "We will not refer to anything. Go wherever you want to go! Do not request us to issue an order! Are you sure about the prayer you made in the petition? You force us to read all these things (files) at midnight, and then you forget the prayers you made!" the Bench displayed in ire.
Though the petition was later withdrawn, the court granted freedom to the petitioner to air the issue of J&K students in the concerned jurisdictional High Court.
Earlier, the PIL had requested that the Union government, J&K administration, Central Reserve Police Force (CRPF), and National Investigation Agency (NIA), among others, devise a comprehensive strategy for the security of civilians at the tourist destinations of the Valley. It had also requested the establishment of a Special Investigation Team (SIT) to facilitate accountability for the deadly attack.
Meanwhile, the National Investigation Agency has taken over the probe officially. The Director General went to Pahalgam on Thursday after the Counter Terrorism and Counter Radicalisation unit of the Ministry of Home Affairs transferred the probe to the agency.
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