In July, the Supreme Court refused to entertain a plea seeking probe and prosecution of various persons, including separatist leader Yasin Malik, for offences, including murder of over 700 Kashmiri Pandits, during the height of militancy in the Kashmir valley in 1989-90.
Commenting on the decision and expressing disappointment, Asmita Basu, Programmes Director at Amnesty International India said,
The Supreme Court’s decision is a setback for justice and accountability in Jammu and Kashmir. All allegations of unlawful killings must be investigated by independent civilian authorities and those responsible brought to justice.
Basu added:
Recently, the Supreme Court directed an independent investigation into over 80 cases of alleged extrajudicial executions in Manipur dating back to 1979, ruling that crimes cannot be overlooked only because of the passage of time. This principle should be applied in all cases of alleged human rights abuses.
Hundreds of thousands of Kashmiri Pandits were forced to flee the valley in the early 1990s amid rising threats and attacks during the peak of militancy. A Jammu and Kashmir Police report from 2008 stated that 209 Kashmiri Pandits had been killed since 1989, pointed out Amnesty India. However, charges were filed in only 24 cases.
While passing the order, the Supreme Court had dismissed the petition seeking to reopen the cases by saying “…more than 27 years have passed… No fruitful purpose would emerge, as evidence is unlikely to be available at this late juncture.”
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