Supreme Court Refuses Plea for Judicial Probe into Pahalgam Attack, Cites Risk of Demoralising Forces
The Supreme Court on Thursday declined to entertain a plea seeking a judicial probe into the April 22 Pahalgam terror attack, warning that such actions could demoralise Indian security forces.
A bench led by Justice Surya Kant refused to admit a Public Interest Litigation (PIL) demanding a probe into the Pahalgam terror attack that killed 26 civilians. The court firmly reminded the petitioner that judges are not investigators and warned against filing insensitive petitions in such critical times.
“Be responsible before filing such PILs. You have some duty towards your country also. This is the crucial hour when each and every Indian has joined hands to fight terrorism. Don’t demoralise the forces,” Justice Kant remarked during the hearing.
The PIL had requested the formation of a judicial commission led by a retired Supreme Court judge to investigate the Pahalgam massacre. The court, however, asserted that such matters lie outside the judiciary’s investigative scope.
“Since when have we acquired expertise in investigation? You are asking a retired Supreme Court judge to investigate. They can only adjudicate. Don’t ask us to pass such an order,” the bench said, expressing strong reservations.
The petitioner also urged the court to direct authorities to protect Kashmiri students studying outside Jammu and Kashmir, citing alleged threats following the attack. The bench rebuked the sweeping nature of the plea, noting the lack of specific evidence.
“First you ask for a judicial probe, then guidelines, then compensation, and now student protection. You force us to read all this at night. Be specific and responsible,” the court stated.
While the Supreme Court dismissed the plea in its current form, it permitted the petitioner to withdraw and approach a concerned High Court regarding student protection issues. The bench reiterated that judicial activism must be tempered with national interest and factual precision.
