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Roots in Kashmir (RIK), a prominent Kashmiri Pandit Organization, today filed a curative petition before the Supreme Court against the 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 Kashmir Valley during 1989-1990.
In 2017, a Supreme Court bench headed by the then Chief Justice of India JS Khehar and Justice DY Chandrachud declined to entertain the petition filed under Article 32, saying that,
“We have heard learned counsel for the petitioner at some length. We however decline to entertain this petition under Article 32 of the Constitution of India, for the simple reason that the instances referred to in the present petition pertain to the year 1989-90, and more than 27 years have passed by since then. No fruitful purpose would emerge, as evidence is unlikely to be available at this late juncture.”
In this regard, RIK has questioned, "Then how SC re-opened closed anti-Sikh riot cases after 33 yrs?"
The organisation has demanded in its curative petition before SC, that terrorists Yasin Malik & Bitta Karate be prosecuted, all terror cases of Kashmiri Hindu genocide be transferred to NIA as well as an Independent Commission be appointed to probe Genocide.
The instant curative petition seeks relief by citing various judgments both from India and international courts, where the core of the judgments has been that "how long a delay is too long in a system where justice is supposed to be right but deliberate".
The curative petition also quotes Delhi High Court decision in Sajjan Kumar Vs CBI, wherein the High Court allowing the appeal said, "It is important to assure those countless victims waiting patiently that despite the challenges, truth will prevail and justice will be done......”
In support of the curative petition, a certificate has also been issued by President, Supreme Court Bar Association, and Former Additional Solicitor General Vikas Singh.
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