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India

SC Dismisses Plea For Probe Into J&K Genocide, Petitioners To Approach Centre

The petition also seeks the declaration of all sale of properties post exodus in January 1990 as null and void. This they want for any property be it religious, residential, agricultural, commercial, institutional, educational or any other immovable property.

File photo of Supreme Court (PTI Photo)

The Supreme Court dismissed on September 2, the petition seeking amongst others, a Special Investigation Team (SIT) probe into identifying those who ‘aided and abetted the genocide’ of Hindus and Sikhs in Jammu and Kashmir between 1989 and 2003. The Bench comprising Justice Bhushan Ramkrishna Gavai and Justice C T Ravikumar asked the petitioners, a Non-Governmental Organization (NGO) “We the Citizens”, to approach the Centre with their grievances instead.

The NGO had through their petitions, also sought directions to conduct a census of Hindus and Sikhs, who have been victims or survivors of genocide in J&K, and are now residing in different parts of the. Reports say NGO’s research was done through books, articles and memoirs of migrants from Kashmir.

The petition also seeks the declaration of all sale of properties post exodus in January 1990 as null and void. This they want for any property be it religious, residential, agricultural, commercial, institutional, educational or any other immovable property.

” … the dastardly Genocide and Exodus of Kashmiri Hindus and Sikhs which happened in 1989-90 in the Kashmir valley is a glaring example of complete failure of Constitutional Machinery in preventing the genocide and protecting the life, property of the Kashmiri Hindu and Sikh in the Kashmir valley. Therefore, the Fundamental Rights guaranteed under Article 14, 19 & 21 of the Constitution of India were openly violated,” the petition states.

The NGO had earlier in 2014, filed a petition in the Supreme Court challenging the constitutional validity of Article 35A. Later, six other pleas were filed in the top court on the issue. The article was revoked when the Centre scrapped Article 370 in August of 2019. Article 35A conferred privileges to permanent residents, including employment under the State Government; acquisition of property; settlement.

News reports from back then say the NGO is linked to the Rashtriya Swayamsevak Sangh (RSS), a right-wing organisation and ideologue of the Bharatiya Janata Party (BJP) which rules the Centre.

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