A bench of Chief Justice D Y Chandrachud and Justices Sanjay Kishan Kaul and S Abdul Nazeer closed the option of last legal recourse available in the form of curative petition for the petitioner.
After going through the papers, the bench said, “We have gone through the Curative Petition and the connected documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra v Ashok Hurra (2002).”
The court passed its order in the matter on November 22.
It had earlier in 2017 dismissed a review petition against the order rejecting the plea for probe.
In its plea, NGO alleged that the police and other state machinery, at the relevant 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”.
“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 stated.
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