Supreme Court throws out PIL for probe into Pahalgam attack: 'Do you want to demoralise security forces?'

Petitioners Fathesh Kumar Saahu and others were consequently asked to withdraw the PIL.

The Supreme Court on Thursday refused to examine a PIL seeking a judicial probe into the April 22 Pahalgam terror attack.

A bench of Justices Surya Kant and N Kotiswar Singh castigated the petitioners for seeking a retired judge to monitor probe into the Pahalgam attack and said retired judges were not experts.

"In this crucial time, each and every citizen of the country has joined hands to fight terror. Do you want to demoralise the security forces by filing this kind of PIL. Don’t bring this kind of issue in judicial domain," the bench said.

The PIL was filed by Kashmiri local Junaid Mohd Junaid and two advocates-Fatesh Kumar Sahu and Vicky Kumar, urging the formation of a judicial commission headed by a retired judge of the top court to investigate the terror attack.

The top court asked the petitioners to realise the sensitivity of the issue and not make any prayer in court which demoralised the forces.

"You are asking retired Supreme Court judge to investigate. They are not experts in investigation but can only adjudicate and decide an issue. Don't ask us to pass an order. Go wherever you want to go. Better you withdraw," the bench told one of the petitioners.

The PIL sought a direction to the Centre and J-K administration to ensure the safety of tourists.

“Be responsible before filing such PILs. You have some duty towards country also. Is this the way you want to demoralise forces? Since when have we acquired expertise of investigation? You are asking retired SC judge to investigate. They can only adjudicate. Don’t ask us to pass an order", Justice Surya Kant said.

Terrorists on April 22 opened fire in Baisaran, a popular tourist spot in the upper reaches of Pahalgam in Anantnag district, killing 26 people, mostly holidayers from other states -- an incident that has spiked India-Pakistan tensions, with Prime Minister Narendra Modi asserting that the killers would be pursued "to the ends of the earth".