HC rejects PIL to declare Pahalgam attack site 'Shaheed Hindu Tourist Place'

The Punjab and Haryana High Court on Tuesday declined to entertain a Public Interest Litigation (PIL) seeking 'martyr' status for the victims of the recent terror attack in Pahalgam and a declaration of the attack site as a ‘Shaheed Hindu Valley Tourist Place’.

The PIL, filed by lawyer Ayush Ahuja, was brought before a Bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel. The Bench ruled that such matters fall strictly within the realm of government policy and are not subject to judicial intervention.

“The issue as to whether a particular place is to be declared as a Memorial or be named differently or to declare deceased person(s) as Martyr/Shaheed, lies within the exclusive domain of policy decision of the State,” the Court stated. “This Court, thus, refrains from entering into the field of policy making, which is exclusively reserved for the Executive,” it added.

However, the Court noted that the petitioner is free to make a representation to the appropriate State authorities, who shall consider the matter in accordance with the law and as expeditiously as possible. The petition was accordingly disposed of.

The PIL was heard on 6 May, during which the Court had questioned whether it could issue such directions under Article 226 of the Constitution.

The petition followed a terror attack last month in which 26 tourists were killed when terrorists opened fire in the popular tourist destination of Pahalgam. The attack escalated tensions between India and Pakistan, prompting India to launch ‘Operation Sindoor’ in retaliation.

Petitioner Ayush Ahuja appeared in person, while Additional Solicitor General Satya Pal Jain and Senior Panel Counsel Dheeraj Jain represented the Union of India.