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SC Allows Plea of NGO to Approach Centre Seeking Probe in Matter of Kashmiri Pandits Killing

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Kashmiri Pandit Law Insider

Prerna Chetan Gala

Published on: 02 September, 2022 at 19:40 IST

The Supreme Court of India has allowed a plea filed by an NGO regarding investigation into the matter of 1990 genocide of Kashmiri Pandits and Sikhs.

A bench comprising Justices BR Gavai and CT Ravikumar will hear the petition filed by NGO ‘We the Citizens’, seeking direction for the rehabilitation of those who migrated out of the valley and also to constitute Special Investigation Team (SIT) should be formed to identify those who aided and abetted the genocide and the targeted killings of Kashmiri Pandits and Sikhs between 1989 and 2003.

It was submitted before the Hon’ble Court that  the Jammu & Kashmir government never initiated any investigation into the alleged incident happened in 1990. As the Indian Penal Code and the Code of  Criminal Procedure, both came into force after the abrogation of its special status under Article 370 and the Ranbir Penal Code was governing till then.

Hence, the Court has jurisdiction to take appropriate action under IPC and CrPC which has not been taken with respect to the crimes.

During the hearing, the counsel appearing for the petitioners also added that ,the sale of properties post exodus in January 1990 whether institutional, residential, educational, religious, agricultural, commercial or any other immovable property to be declared null and void by the respondents.

Furthermore, the petiton filed asked to conduct a census of Hindus and Sikhs of Jammu & Kashmir, who have been victims/survivors of genocide and are now residing in different parts of India.