In a strong message during a sensitive time, the Supreme Court of India on Wednesday refused to entertain a Public Interest Litigation (PIL) that demanded a judicial probe into the Pahalgam terror attack, which claimed 27 lives, mostly tourists.
The bench, headed by Justice Surya Kant and Justice N Kotiswar Singh, made it clear that such petitions risk harming national security by demoralizing the forces working on the ground.
“Be responsible before filing such PIL. You have some duty towards the country also. This is the way you are trying to demoralize the forces in this hour of crisis and juncture? You are asking retired Supreme Court judge to investigate. Since when retired High Court, Supreme Court judges have become expert in investigation?”
— Justice Surya Kant
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The Court emphasized that judicial powers are not meant for conducting criminal investigations and highlighted the importance of standing with the security forces during such challenging times. The attack, which took place on April 22 in Baisaran Valley, Pahalgam (J&K), involved terrorists opening fire on a tourist group, resulting in 26 deaths (the petitioner stated 27).
“This is not the time. This is the crucial hour when each and every citizen of this country has joined hands to fight this terrorism...don't make any prayer which can demoralize our forces...it is not acceptable to us. Look at sensitivity of the issue”
— Justice Surya Kant
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The petitioners included Junaid Mohd Junaid, a Kashmiri local, and two advocates, Fatesh Kumar Sahu and Vicky Kumar. They had also urged the Court to direct the Centre, Jammu and Kashmir administration, CRPF, and NIA to draft a comprehensive security action plan for tourist areas in the UT.
Further, the petition requested the Press Council of India to ensure that media coverage of the attack remains fair and responsible, so that it does not disturb public order.
The Court, however, allowed the withdrawal of the PIL, granting the petitioners liberty to approach the High Court regarding concerns about Jammu & Kashmir students studying outside the Union Territory, who are allegedly facing harassment after the attack.
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The petitioners also clarified during the hearing that they were satisfied with the government’s response to the attack and that they did not wish to press the initial prayer for a judicial probe any further.
“This diabolical act of mindless violence has shaken the conscience of all and is a stark reminder of the brutality and inhumanity that terrorism unleashes”
— Full Bench Resolution, Supreme Court
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The Supreme Court Advocates-on-Record Association also issued a separate resolution, strongly condemning the Pahalgam attack, calling it a direct assault on humanity and peace.
This firm stand by the Supreme Court not only reaffirmed its trust in the country's existing security framework but also sent a clear message that the dignity and morale of India’s security forces must be preserved, especially during times of crisis.
Case Title: FATESH KUMAR SAHU AND ORS. Versus UNION OF INDIA AND ORS., Diary No. 22548-2025
