This case is now reopened and now the further preceding will happen. However, there are a still few things that many people don’t know about this entire incident.
In 1990 Kashmiri Pandits started being attacked and one dark night on 19 January they had to leave everything behind and leave their homes, leaving the Kashmir Vally. Because who stayed was ought to be killed. But it wasn’t just about one night or one single day. From the late 80s, Kashmiri Pandits were the target of these Islamic separatists. And even after they left the valley, These Islamic terrorists did not stop, and they killed 1000 of Kashmiri Pandits. And one of the most horrifying incidents happened in Nadimarg in 2003.
1. When and What happened? : On 23rd March 2003 24 Kashmiri Pandits were brutally murdered in front of the entire village of Nadimarg (Pulwama District), just because they were Kashmiri Pandits, They were Kafirs for Islamic Terrorists, and Lashkar - E - Taiyabba was behind this genocide. Women, Kids, Elders no one was left. They killed all of them one by one.
2. Terrorists came using the Indian Army’s Uniform: Terrorists entered the village and asked Kashmiri Pandits to leave the camp, poor pandits believed them, as they saw the Army Uniform. Little did they know that it was a fake uniform and these Islamic Jihadis used our Indian Army’s uniform to kill these innocent people.
3. Victim's age was from 65 years old man to 2 years old little boy: Armed Islamic militants came dressed in counterfeit military uniforms to Nadimarg, near Shopian in the Pulwama district. The attack took place between 11 pm and midnight. Victims included 11 men, 11 women, and two small boys who were lined up and shot and killed by the Islamic jihadis. The victims ranged from a 65-year-old man to a 2-year-old boy. Think about it, they did not even leave 2 years old little but, who did not even know how to speak? They raped women and killed them brutally.
4. The Kashmir Files movie’s last scene is based on this genocide: If you have seen The Kashmir Files movies, you will never forget the last scene, where it is shown that Faruq Ahmad Bitta along with other Islami Jihadis entered a village wearing Indian Army’s uniform and kills 24 Kashmiri Pandits including children. They have also shown that they killed Sharda Pandit by cutting her body into two pieces, which was a reality and it happened with Girija Tickoo who is a real Sharda Pandit. This entire incident was inspired form this real Nadimarg Genocide. Nothing that was shown in the movie was fake, everything has happened for real, whether you believe it or not.
5. The Investigation: A case (FIR No.24/2003 for offenses under Sections 302, 450, 395, 307, 120-B, 326, 427 RPC, 7/27 Arms Act, and Section 30 Police Act) was registered in Police Station, Zainapora in connection with the massacre and investigations were taken up. After the investigation of the case, the challan was filed against seven accused persons, initially before the Court of Principal Sessions Judge, Pulwama, which was later transferred to the Court of Principal Sessions Judge, Shopian, upon the creation of the said court.
During the pendency of the trial of the case, the prosecution moved an application before the trial court seeking permission to examine material prosecution witnesses on commission, claiming that these witnesses had migrated out of the Kashmir valley and were reluctant to depose before the trial court at Shopian due to the threat perception.
The application was dismissed by the Principal Sessions Judge, Shopian, in 2011 and the said dismissal order was challenged by the prosecution by way of a Criminal Revision Petition before the high court.
The high court then dismissed the revision petition on December 21, 2011, which the prosecution sought to recall through the current application.
"For the foregoing reasons, the application of prosecution is allowed and the 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," Justice Dhar said.
The prosecution counsel argued before the court that the impugned order sought to be recalled was issued without hearing the prosecution or discussing the merits of the case, which he said is non-est in the eyes of the law as a criminal revision petition cannot be dismissed for non-prosecution.
It should be noted that the petitioner-state filed a petition seeking special leave to appeal against the judgment and order dated February 26, 2014, passed by the high court.
The petition was filed before the high court to challenge the proceedings from the date of framing of the charge by the trial court and a direction was sought for a fresh trial of the case or, in the alternative, to transfer the case to any court of competent jurisdiction at Jammu so that statements of all the migrated witnesses available at Jammu are recorded in the said case without any fear.
This was a horrifying incident that has happened in the history of India and nobody did anything. Now that the case is getting reopened, it is a ray of hope for all the Kashmiri Pandits who lost their everything. Their homes, their families, and some lost their lives as well. We all are looking forward to what happens in the latest investigation.
- Niharika Pole Sarwate
