'Don't Try To Demoralize Security Forces': Supreme Court Refuses To Entertain PIL Seeking Judicial Probe Into Pahalgam Terror Attack

The Supreme Court today refused to entertain a public interest litigation seeking directions for constitution of a judicial commission to probe the Pahalgam Terror Attack, which left 27 people (mostly tourists) dead.

While doing so, the Court berated the petitioners for filing an "irresponsible petition" despite the sensitivity of the situation, and underlined the "demoralizing" impact it could have on the security forces. 

"Be responsible before filing such PIL. You have some duty towards the country also. This is the way you are trying to demoralize the forces in this hour of crisis and juncture? You are asking retired Supreme Court judge to investigate. Since when retired High Court, Supreme Court judges have become expert in investigation? Tell us, since when we have required this expertise of investigation? We only decide disputes. Don't ask us to pass an order", commented Justice Surya Kant.

The judge further added, "This is not the time. This is the crucial hour when each and every citizen of this country has joined hands to fight this terrorism...don't make any prayer which can demoralize our forces...it is not acceptable to us. Look at sensitivity of the issue".

At the request of one of the petitioners (appearing in person), a bench of Justices Kant and N Kotiswar Singh allowed withdrawal of the petition, with liberty to approach the High Court with respect to the cause of J&K students studying outside the UT, if any.

It is apposite to mention that when the bench expressed displeasure with the kind of prayers made in the petition, it was submitted on behalf of the petitioners that they are completely satisfied with what the government is doing. One of the petitioners sought to withdraw the prayers, but beseeched that the Court consider the issue pertaining to J&K students studying outside the UT (who are reportedly suffering harassment since the attack).

The PIL, filed by Kashmiri local Junaid Mohd Junaid and two advocates-Fatesh Kumar Sahu and Vicky Kumar, came in the wake of the attack that took place on April 22 in Baisaran Valley, Pahalgam (Jammu and Kashmir), where terrorists opened fire on tourists and left 26 people dead.

It sought minimum security standards for tourist sites in areas prone to conflicts, such as Jammu & Kashmir. For the safety of people in tourist areas of UT of J&K, the petitioners prayed that an action plan be prepared by the Centre, J&K administration, Central Reserve Police Force (CRPF), and the National Investigation Agency (NIA).

Directions were further sought for the Press Council of India to ensure that only "fair and true" reporting is allowed in connection with the attack, in order to maintain peace in the society.

A Full Bench of the Supreme Court earlier condemned the Pahalgam attack as "an affront to the values of humanity". This diabolical act of mindless violence has shaken the conscience of all and is a stark reminder of the brutality and inhumanity that terrorism unleashes", the Full Court resolution read. The Supreme Court Advocates-on-Record Association also passed a resolution condemning the attack.

Case Title: FATESH KUMAR SAHU AND ORS. Versus UNION OF INDIA AND ORS., Diary No. 22548-2025

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Also Read - Kids Bullied After NIA Linked Drug Case To Pahalgam Attack, Says Accused; Supreme Court Says Family Must Not Suffer