Indian Supreme Court declines PIL seeking judicial probe into Pahalgam Terror Attack

The Indian Supreme Court on Thursday (01) declined to entertain a public interest litigation (PIL) seeking a judicial inquiry by a retired Supreme Court judge into the recent terror attack on tourists in Pahalgam, Jammu and Kashmir.

A bench comprising Justices Surya Kant and NK Singh dismissed the plea filed by petitioner Fatesh Sahu, cautioning that such actions during sensitive times could demoralise the armed forces.

“This is a crucial moment when every Indian stands united against terrorism. Please don’t undermine the morale of our forces. Be mindful of the sensitivity of the issue,” the Bench remarked.

The Court also reminded the petitioner of the judiciary’s defined role, stating that judges are not meant to conduct investigations. “Since when have retired judges become experts in investigation? Our role is to adjudicate disputes, not to lead inquiries,” the Bench observed.

Upon hearing the remarks, the petitioner’s counsel agreed to withdraw the request for a judicial probe. However, the counsel sought directions to ensure the safety of Kashmiri students studying outside Jammu and Kashmir, alleging incidents of retaliatory violence following the Pahalgam attack.

“At least provide some safeguards for the students studying outside J&K,” the counsel urged.

The Court, however, expressed concern over the shifting nature of the petition. “First you ask for an investigation by a retired judge. Then you seek guidelines, compensation, and directions to the Press Council. Now you raise concerns about students. We are expected to consider all this overnight?” the Bench questioned.

Ultimately, the petitioner opted to withdraw the entire plea, a move accepted by the Court. However, the Bench granted the liberty to approach the appropriate High Court to address the concerns related to student safety.

The Court also noted that a separate PIL concerning enhanced security measures in sensitive hill regions remains pending.

-Agencies