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Plea before Supreme Court seeks SIT probe into 1990 Kashmiri Pandit massacre; to be heard tomorrow

Abhimanyu Hazarika

A plea has been filed before the Supreme Court seeking a probe by a Special Investigation Team (SIT) into the targeted killings of Kashmiri Pandits and Sikhs in Kashmir in 1990, which had led to their exodus from the valley.

The petition filed by NGO 'We the Citizens', through advocate Barun Kumar Sinha, has also prayed for the rehabilitation of those who migrated out of the Valley.

A Bench of Justices BR Gavai and CT Ravikumar will hear the petition tomorrow.

The plea has prayed that a special investigation team (SIT) be formed to identify those who 'aided and abetted the genocide' of the Hindu and Sikh communities in the erstwhile State between 1989-2003.

The plea states that the police and other State machinery at the time were so influenced by the leadership of the ruling political parties that no legal action was taken against the perpetrators and masterminds of 'the religious killings and exodus'.

A number of first information reports registered at the time were not pursued to their logical conclusion even as it has been over 30 years since the 'ethnic cleansing', it has been contended.

" ... 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.

Accordingly, the PIL has also prayed for directions to the respondents - the Union government and the Union Territory of Jammu & Kashmir - to conduct a census of Hindus and Sikhs of Jammu & Kashmir, who have been victims/survivors of genocide and are now residing in different parts of India.

It has also sought a direction to the respondents to declare as null and void, all sale of properties post exodus in January 1990 whether religious, residential, agricultural, commercial, institutional, educational or any other immovable property.

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