Supreme Court’s Supreme Injustice

A plea was made to the Supreme Court to seek for a probe and subsequent prosecution in the genocide of Kashmiri Pandits which took place during 1989-90. The plea sought to probe and prosecute various persons, including terrorist turned ‘leaders’ Yasin Malik and Bitta Karate for the heart-wrenching crimes committed against the Kashmiri Pandits.

The plea came for hearing before the bench of Chief Justice J.S. Kher – who is to retire on the 27th August 2017 and Justice D.Y.Chandrachud – to retire only on the 10th November 2014.   

They had simply rejected the plea and the reasons for their rejection seem to be a Himalayan Plunder Inflicted on the judicial system to say the least. Hold your breath, they had observed: “Almost 27 years have passed since the event took place, hence it would be very difficult to gather evidences in the cases of murder, arson and looting which led to the mass exodus of Kashmir Pandits from the valley. “

You might have heard about delayed justice – now the Supreme Court is encouraging the denied justice as well. There seem to be no accountability fixed for the Supreme Court for timely delivery of judgments. As you know that we have three separate wings – Government, Parliament and Judiciary – having their specific areas of operations well defined. Is it not the job of the investigative agencies and the prosecutions to tell the court that the evidences cannot be found? Can the Supreme Court take the role of the Police, Prosecution, Investigation, etc. and declare that due to the passage of 27 years, the cases of Mass Murders with rapes and tortures should be closed?

The Supreme Court had opened its doors even at midnight to hear the mercy petition of 1993 Mumbai terror blasts’ convict Yakub Memon who was scheduled to be hung in that morning. Such big heart of the Supreme Court had become small – very small – in rendering justice to the Kashmiri Pandits and actually, the Supreme Court had intentionally pardoned the murderous Muslim Terrorists and Kashmiri Muslims. By this act of Supreme Court, the white cloth blinding the Statue of Justice has now been soaked with the blood of injustice and has become red. It is most tragic that the apex court – which is the last resort for justice, has simply shut the door on the plight of the Kashmiri Pandits.

If you have a Ram Mandir-Babri case for 150 years, an anti-Sikh riot case for 34 years and if you can reopen the Gujarat riot cases suo motto then in Kashmiri Pandits’ genocide case when both the accused and the witnesses are still available, how can the Supreme Court say that the evidences won’t be found? The Supreme Court observation is amazing and shocking and is unheard of in any place where genocide has taken place in such a large scale.

Mass Exodus of Kashmiri Pandits from Kashmir Valley on the 19th January 1990 was the 7th Exodus – preceded by mass murders, arson and looting.  There are enough evidences, reports, photos, statements etc. of the happenings of the genocide of Kashmiri Pandits which took place during 1989-1990.

It was in 1989-90 when Islamic terrorism raised its head in Kashmir. The Islamists systematically targeted the Kashmiri Pandits and lynched at-least 700 of them. Scores of Pandit women were raped, their houses were looted and burnt down. Many Hindu temples were desecrated. And finally Kashmiri Pandits were forced to flee the Valley, which they fondly used to call home.

Though as many as 215 FIRs were filed, none of them reached a logical conclusion. Not even a single person has till date been convicted for the gruesome crime.

Till date the investigation reports by the local police continue to be available. The police could have launched the proceeding to prosecute the accused. The state government, the Centre, the judiciary could have done the needful, but unfortunately that never happened.

If the Bangladeshi judiciary can grant death sentences to Islamists for the 1971 genocide more than four decades after the event, then why aren’t we doing the same for our people?

As a result of terrorism, on or after 19th January 1990, approximately more than 1,60,000 pandits had left the valley and presently, only 5000 pundits are living there. The US Department of State reports that, according to the Indian National Human Rights Commission, the Kashmiri Pandit population in Jammu and Kashmir dropped from 55 percent in 1941 to 0.1 percent as of 2001. But, as of now, the figure is around some thousands.

Kashmir Liberation Front (JKLF) and Hizb-ul-Mujahideen (HM) were the main terrorists organizations responsible for the genocide.

The events of 19 January 1990 were particularly vicious. Broadcasting vicious Jehadi sermons and revolutionary songs, interspersed with blood curdling shouts and shrieks, threatening Kashmiri Pandits with dire consequences, became a routine Mantra of the Muslims of the Valley, to force them to flee from Kashmir. They were left with precise and unambiguous threats to Pandits. They were presented with three choices – Ralive, Tsaliv ya Galive – convert to Islam, leave the place or perish. Shouting ‘death to India’ and death to Kafirs – was heard all around.  1100 mosques were broadcasting these threats at periodical intervals. Some of the slogans broadcasted from mosques were:

“O! Merciless, O! Kafirs leave our Kashmir

Anyone wanting to live in Kashmir will have to convert to Islam

From East to West, there will be only Islam

O! Muslims, Arise, O! Kafirs, scoot 

Islam is our objective, Quaran is our constitution, Jehad is our way of our life

Kashmir will become Pakistan

We will turn Kashmir into Pakistan along with Kashmiri Pandit women, but without their men folk.

We want to be ruled under Shariah

Aim of the present struggle is the supremacy of Islam in Kashmir, in all walks of life and nothing else. Any one who puts a hurdle in our way will be annihilated.”

Behold – these were the broadcasts from the so called holy mosques at Kashmir Valley addressed to Kashmir Pandits.

Wall posters in fairly large letters, proclaiming Kashmir as ‘Islamic Republicl of Kashmir’, became a common sight in the entire vally. So were the big and prominent advertisements in local dailies, proclaiming their intent. Press release of Hizb-ul-Mujahideen (HM) published in the morning edition of Urdu Daily ‘Aftab’ of April 01, 1990: Kashmiri pundits responsible for duress against Muslims should leave the Valley within two days. Head lines of Urdu Daily, Al Safa, of April 14, 1990: ‘With Gun in one hand and Quran in the other the Mujahids would openly roam the streets singing the Tarana-e-Kashmir.’

Are these not concrete proofs and evidences to proceed with the investigations to probe further to unearth the culprits and to punish them – not only to render justice to the victims of mass genocide but also to tell to the whole world that culprits will not be spared to uphold the justice and rule of law – and to declare that the terrorism will never be allowed to go unpunished.

All should strongly condemn the unethical judgment of the Supreme Court in closing the Case of Mass Murder of Kashmiri Pandits and hope that better sense will prevail on the Supreme Court to reverse its own statement suo motto to order the respective government machineries to speed up the investigations and to bring the culprits to book and to be punished.

Long Live Justice – Satyameva Jayathe!