Kashmiri Pandit's Killing : Supreme Court Refuses To Entertain Plea Seeking Probe Into Murder Of Advocate Tika Lal Taploo In 1989

The Supreme Court today refused to entertain a petition seeking investigation into the murder of Advocate Tika Lal Taploo in Kashmir valley in 1989 by militants. The petition also sought rehabilitation of family members and restoration of their properties in the Kashmir Valley and investigation and prosecution of people involved in the murder.

The writ petition was filed by Ashutosh Taploo, son of Late Advocate Tika Lal Taploo, seeking protection, rehabilitation of the family members and investigation/prosecution of the persons who were involved in the killing of the father of the petitioner, a Kashmiri Pandit.

The bench comprising of Justice B. R. Gavai and Justice C. T. Ravikumar refused to hear the matter on the ground that another matter on similar grounds was not entertained by the Supreme Court a short while back. Justice Gavai on the bench stated that, "We are not inclined to interfere…We cannot discriminate when we have not taken up another petition."

The bench gave the petitioner the liberty to avail alternate remedies and dismissed the petition as withdrawn.

On September 2, the bench had refused to entertain a PIL filed by an NGO named "We The Citizens" seeking probe into the killings of Kashmiri pandits during 1990s and seeking rehabilitation of those who had to flee the Kashmir valley. The bench had given the NGO liberty to move a representation before the Union Government.

Today, Senior Advocate Gaurav Bhatia, appearing for Taploo, sought to distinguish the petition from the NGO's case by saying that the petitioner was personally aggrieved as the victim was his father.

"I am on personal liberty. 32 years have passed and not even a whisper of investigation. I am trying to make out a distinction. I am aggrieved, my fundamental right is violated and due to the kind of atmosphere I cannot pursue it there. I was asked to leave Kashmir after death and I have pursued for long to even get a copy of documents", Bhatia submitted. He also referred to an order which constituted an SIT to probe the 1984 Anti-Sikh riots after nearly three decades

However, the bench opined that the relief can be sought before the High Court as well.

"We still have faith in HC. What do you want? Should we dismiss or do you want to withdraw?", the bench asked.

Following this, the petition was withdrawn, with liberty to pursue other remedies.

The petition before the Supreme Court stated that, "It is shocking that the petitioner and his family members are treated as 'migrants' in their own country when the petitioner and his family has not left the valley by choice but by force due to militancy in the region where the slogans by Militants and Islamic fundamentalism for Kashmiri Pandits were 'Convert, leave or die'."

The petition cited the Law Commission Report under Chairperson Justice (Retd.) M. K. Hanjura, it was stated in the petition that the report had asked that Jammu and Kashmir Migrant Immovable Property (Prevention, Protection and Restraint on Distress Sale) Act, 1997 be suitably amended but no action has been taken. It was also pointed out that a probe and prosecution is required by an SIT headed by a retired Judge of the Hon'ble Court for delivering justice to the petitioner which will also help the other family members of Kashmiri Pandit community.

The petitioner also pointed out in the petition that SIT had been formed in several cases citing the example of SIT formed for investigation of crimes against Sikh in 1984 riots and SIT formed to look into the matter Bhopal Gas Tragedy. It was further submitted in the petition that "the petitioner due to fear cannot move to their ancestral homes more so because they are even not aware as to what has happened to their ancestral home and property."

Case Title : Ashutosh Taploo vs Union of India and Anr. - WP (C) 321/2022