Tuesday, December 6, 2022

PIL in Supreme Court seeks directions to rehabilitate Kashmiri Hindus and Sikhs, who migrated after mass exodus

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A PIL has been filed in the Supreme Court, seeking directions to the Centre to rehabilitate/resettle the Kashmiri Hindus and Sikhs, including those who have migrated after the exodus in 1990 and onwards from Kashmir and any other part of the country. 

The present plea has been filed by NGO “We the Citizens,” seeking directions to constitute a Special Investigation Team to identify the perpetrators of the genocide and exodus of Hindus & Sikhs in Kashmir from 1989 to 2003. The plea stated, “The petitioner has undertaken research by going through the Book, Article, and Memoirs of the migrants from Kashmir. The prominent books, which the petitioner has examined, include MY FROZEN TURBULENCE IN KASHMIR” authored by Jagmohan & OUR MOON HAS BLOOD CLOTS” by Rahul Pandita. These two books give first-hand account of ghastly genocide and exodus of Kashmiri Hindus and Sikhs in 1990.”

“The failure of the then government and police administration and finally complete breakdown of Constitutional Machinery have been explained in those books. The then government and State Machinery did not act at all to protect the life and limb of Hindus and Sikhs and allowed the anti nationals and terrorists, anti social elements to take control of whole of Kashmir. As a result the Hindu & Sikhs citizens lost faith in the government and were force to migrate in other parts of India,” it alleged.

It said, “In fact the majority population of Kashmir gave call of Jihad and to force the non-Islamic population out of Kashmir to make Kashmir a complete Islamic state. Therefore, the complete in action, silence allowed continued violation of fundamental rights of citizens of communal grounds. The said violation is continuing on day to day basis till date and those who have migrated from Kashmir by leaving behind their immoveable properties have been leaving life of refuges in other parts of India. Therefore, as the Petitioner has preferred the instant writ Petition before this Hon’ble Court which is the custodian of fundamental rights for its citizens.”

The petitioner sought following directions in the PIL; 

(i) To issue writ of mandamus to the respondents to rehabilitate/resettle the Kashmiri Hindus and Sikhs including those who have migrated after the exodus in 1990 and onwards from Kashmir and any other part of the country.

(ii) To direct the respondents to conduct a Census of Hindus and Sikhs of Jammu & Kashmir who have been victims/survivors of genocide residing in different parts of India.

(iii) To issue directions to the respondents to declare that all sale of properties post exodus in the year January 1990 whether religious, residential, agricultural, commercial, institutional, educational or any other immovable property as null and void.

(iv) To constitute a Special Investigating Team to identify the perpetrators who were involved, aided and abated genocide of Hindus and Sikhs in Jammu & Kashmir during the period from 1989-2003 in the erstwhile state of Jammu & Kashmir. 

(v) To direct the respondents to prosecute the accused on the basis of the report of Special Investigating Team constituted by the respondents in accordance with law.

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