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Synopsis

The Jammu & Kashmir and Ladakh High Court recently, while refusing to entertain a plea seeking protection of religious minorities in J&K from targeted killings, observed that the administration is making all efforts to provide security to the religious minorities in the territory.

Court said that a robust mechanism is being deployed to avoid targeted killings and to investigate such incidents.

Sanjay K. Tickoo, President of the Kashmiri Pandit Sangarsh Samiti, a Kashmiri Pandit organization addressed a representation on June 1 to the High Court Chief Justice making the following requests:

1. To protect the lives of religious minorities in the J&K as their lives are at stake due to callous approach of the Union Territory/Central Administration;
2. Concerned official of the administration be summoned to explain the policy and mechanism they have devised since 8th June 2020, the date on which one Kashmiri namely Ajay Pandita (Bharti) was killed in Anantnag District;
3. To investigate all targeted killings that took place since 8th June 2020 and to examine the role of all officers involved in it and their suspension;
4. To investigate all transfers prior to 12th May 2022, which have been made at the behest of the “blue-eyed persons”.

The division bench comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani declined to enter into the merits of the issues and considered it appropriate to leave them to be “considered, negotiated and resolved” at the Government level in consultation with the representatives of the petitioner Samiti.

“Accordingly, we leave it open to the petitioner Samiti to submit a fresh representation highlighting its grievances before the Secretary, Home, Union Territory of J&K in a comprehensive manner. Once such a memorandum/representation is submitted, the Secretary, Home, will sit with the President of the Samiti or any other nominee of the Samiti so authorized and consider the grievances of the petitioner and after receiving the suggestions, if necessary, may take appropriate remedial steps that may be considered necessary in the overall interest of the Union Territory and the members of the minority community as claimed,” the Court held.

Jammu & Kashmir has recently witnessed a rise in the incidents of targeted killings allegedly motivated by the religious identity of the victims. On 8th June 2020, Ajay Pandita (Bharti), a Congress sarpanch was killed by terrorists in Anantnag. In May this year, one Rahul Bhat was killed in the Budgam district of Jammu and Kashmir. Subsequently, Rajni Bala, a school teacher, and Vijay Kumar, a bank manager were also shot dead in Kulgam.

Case Title: Kashmiri Pandit Sangarsh Samiti thr. Its President Mr. Sanjay K. Tickoo v. Union Territory of J&K, WP(C) PIL No. 6/2022