Read Time: 07 minutes

Kashmiri Pandits organization, Roots in Kashmir has filed a curative petition before the Supreme Court 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 before the apex Court has sought the 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."

The Spokesperson, Amit Raina of Roots in Kashmir while speaking with LawBeat said that, "We had gone to Supreme Court in 2017 and had demanded reopening of cases against Yasin Malik and Bitta Karate, who are responsible for the genocide of the Kashmiri pandits as well as the killing of 4 Air Force Officers and this Curative petition is in furtherance to that writ petition which was eventually dismissed."

On the question of whether there is any co-relation with the instant petition being filed immediately after the release of the movie Kashmir Files and at a time when the whole nation is talking about the genocide, Raina said, "It's a mere coincidence that it has come along with the release of the movie, we had announced last year that we'll be filing a Curative Petition, the movie is telling the truth and we are seeking justice for that  truth."

In addition to this, Rakesh Pandit, a member of Roots in Kashmir while speaking with LawBeat, "There should be an independent probe into the issue, whosoever has killed our people at that point of time should be brought to justice."

It may be noted that in 2017, the Supreme Court had dismissed the petition stating that,
 "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."

The plea before Supreme Court has further stated that, "What happened in Gujarat in March 2002, what happened in Mumbai in January 1993, and to the members of the Sikh Community in 1984 are genocidal trends and courts as enforcers of International covenants, ought to have taken serious note of these blatant, transgressions of human rights and devised jurisprudential and procedural laws which applies to Kashmiri Pandits also."

The curative petition also quotes the 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......”

Further, the plea has referred to the judgment of the U.S. Supreme Court through Powell, J in Willie Mae Barker Versus John Wingo wherein it has held that it cannot be said how long a delay is too long in a system where justice is supposed to be right but deliberate.

Case Title: Roots in Kashmir Vs. Union of India & Ors.