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Synopsis

In a plea seeking directions to the Union of India to rehabilitate/ resettle the Kashmiri Hindus and Sikhs who migrated from Kashmir after the exodus in the year 1990 and to identify the perpetrators who were involved, and who aided and abated the genocide of Hindus and Sikhs in Jammu & Kashmir, the Supreme Court today asked the petitioners to approach the Union of India first.

When the matter came up for hearing today, the petitioner, Delhi-based non-governmental organization (NGO) 'We the Citizens', submitted before the Top Court that the exodus of the Hindus and Sikhs has never been considered by the state administration.

To this, a bench of Justices BR Gavai and CT Ravikumar asked, "Have you made a representation before the Union of India? Have you approached them?"

When the petitioners replied in negative, Justice Gavai asked them to file a representation before the Union of India enlisting their grievances. 

Accordingly, the bench granted the petitioner liberty to approach the Government.

The instant plea filed through the Delhi-based NGO further sought a direction to the government to conduct a census of Hindus and Sikhs of Jammu & Kashmir who have been victims/survivors of the genocide.

A demand for constitution of a Special Investigation Team was also placed to identify the perpetrators who were involved, and who aided and abated the genocide of Hindus and Sikhs in Jammu & Kashmir during the period from 1989 to 2003.

We the Citizens further demanded that on the basis of the report of the SIT so constituted, the accused be prosecuted.

The plea, drawn by Advocate Barun Kumar Sinha, alleged that due to the inaction and silence of the Police Administration, and government machinery during the relevant period, the Hindus and Sikhs were brutally killed in large numbers, they were forced to migrate from Kashmir and their properties were dealt with in a manner the perpetrators wanted to deal with.

Therefore, it was prayed by the petitioner that all sale of properties post exodus in the year January 1990 whether religious, residential, agricultural, commercial, institutional, educational or any other immovable property may be declared as null and void.

It is to be noted that, a Kashmiri Pandits organization, Roots in Kashmir has filed a curative petition before the Supreme Court recently against an order passed by the top court in April 2017, dismissing its plea which sought an investigation into the mass murder of Kashmiri Pandits in the valley during 1989-1990, seeking reopening, investigation, and speedy disposal of pending charge-sheets in the Kashmir 1989-1990 incident.

The plea also sought reopening of the case while stating that communal harmony is the hallmark of a democracy. "No religion teaches hatred. If in the name of religion, people are killed, that is essentially a slur and blot on the society governed by rule of law," it stated.

Case Title: We the Citizens vs. Union of India and Anr