It is true that justice delayed is justice denied. But, when the crime is as big as mass murder done in justification of more than 1000 years long civilisational war, a delay of 2 decades looks not so big. That is why the reopening of Nadimarg genocide case related to selective killings of Kashmiri Pandits is more important than its initial impression.
Nadimarg case reopens
Jammu and Kashmir High Court has provided relief to the people fighting for Justice for Kashmiri Pandits. Now, the still living perpetrators of Pandits’ massacre in Kashmir will be brought to justice. The Nadimarg genocide case is in fact more than a decade old. In the past, repeated attempts to legally convict those inhuman criminals have failed either due to technical reasons or due to witnesses fearing for their lives.
After listening to concerns of both parties, Justice Sanjay Dhar said, “From the foregoing enunciation of law on the subject, it is clear that the power of recall is different from the power of review of the judgment. Therefore, this Court does have jurisdiction to recall an order which is a nullity in the eyes of law. The application is allowed and order dated 21.12.2011 passed by this Court is recalled. The Registry is directed to post the revision petition for rehearing on 15.09.2022.”
Long drawn trial
Earlier, the application was dismissed by the Principal Sessions Judge of Shopian in 2011. The State, seeking Justice, had filed a Criminal review petition in the same year, which was dismissed by the High Court on December 21 of the same year. But, the petitioners were not satisfied with the Court order.
According to the counsel appointed by the petitioner-state, they were not given proper hearing opportunities. In their petition to recall the judgement, they further told the High Court that merits of the case were not properly discussed and their concerns were dismissed.
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Hope for Kashmiri Pandits
More than a decade after Kashmiri Pandits were forced to flee the valley, few Kashmiri Pandits were able to find some respite when they were shifted to Nadimarg. But, in 2003, terrorists dressed in Indian Army uniform came and massacred 24 Pandits, which included 11 men, 11 women and 2 children. The oldest victim was a 65-year old man while the youngest was a 2-year old child. The last scene is Kashmir Files is said to be grounded in this incident.
A case related to the Nadimarg massacre was registered under Sections 302, 450, 395, 307, 120-B, 326, 427 RPC, 7/27 Arms Act and Section 30 Police Act. In March 2003, Mumbai Police encountered 3 suspects, while another was arrested in April month. But, many more suspects have escaped legal scrutiny. Reopening of the Nadimarg genocide case will inspire some sense of confidence among Kashmiri Pandits.
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