Punjab & Haryana High Court Rejects PIL Seeking 'Martyr' Status For Pahalgam Terror Attack Victims

The Punjab and Haryana High Court on Tuesday (May 20) rejected a PIL seeking to declare the 26 tourists who died in the Pahalgam Terrorist Attack as "Martyrs".

A bench of Chief Justice Sheel Nagu and Justice Sumeet Goel pronounced the order.

Stating that “The Court refrains from entering into the field of policy making, which is exclusively reserved for the executive," the bench asked the petitioner to file a representation before appropriate authority and the same shall be considered if filed within 30 days.

During the hearing, Chief Justice Nagu orally asked the petitioner, "Does declaring them a martyr fall under Article 226? Please provide one precedent. This is an administrative matter and a question of policy, and should be left to the executive to decide. Can we do it?"

Answering the query, Ahuja had submitted, "the innocent tourists were shot on head by the terrorists in the name of religion, they had to face them like a soldier..."

Opposing the plea, ASG Satya Pal Jain had earlier appearing for the Union said, "the petitioner has no idea what the Government of India is doing. The Home Minister reached Srinagar on the same evening…we are at the verge of war with the other nation...this is not the time to raise such issues, we are prioritising other things."

Chief Justice Sheel Nagu had then said, "even if some soldier dies, they must be considered for an award, but it is not given immediately — it takes time, usually at least one year."

Stating that it will pass an order, the Court had reserved the judgement on May 6.

The PIL filed also sought directions to declare Pahalgam as "Memorable Martyrs/ Shaheed Hindu Valley Tourist Place."

Title: Ayush Ahuja v. Union of India