GUWAHATI: The Supreme Court on Thursday, May 1, declined to entertain a public interest litigation (PIL) petition seeking a judicial probe by a retired Supreme Court judge into the recent terror attack on tourists in Pahalgam, Jammu and Kashmir.
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A bench comprising Justices Surya Kant and NK Singh rebuked the petitioner, Fatesh Sahu, for making a plea that could undermine the morale of the armed forces. “This is the crucial hour when each and every Indian has joined hands to fight terrorism. Don’t demoralise the forces. Look at the sensitivity of the issue,” the bench observed. "Be responsible before filing such PILs."
The court further clarified that judges do not serve as investigative authorities. “Since when did retired High Court or Supreme Court judges become experts in investigation? We only decide disputes,” the bench stated, rejecting the request for a probe by the judiciary.
Following the remarks, the petitioner’s counsel withdrew the request for a judicial inquiry.
The counsel, however, also sought directions for safeguarding Kashmiri students studying outside Jammu and Kashmir, citing alleged attacks after the Pahalgam incident. The bench, however, questioned the inconsistency in the petitioner’s requests, criticising the shifting focus from investigation to student protection.
“First you ask for a judicial probe, then guidelines, compensation, and now protection for students. You force us to read all this and then change the prayer,” the court noted.
The bench allowed the withdrawal of the plea and granted liberty to approach the relevant high court for grievances concerning Kashmiri students.
