The Punjab and Haryana High Court has dismissed a Public Interest Litigation (PIL) that sought to confer ‘martyr’ status upon the victims of the recent Pahalgam terror attack and to designate the attack site as ‘Shaheed Hindu Valley Tourist Place’.
Court’s Rationale
A bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel stated that the issues raised in the PIL pertain to policy decisions, which fall under the purview of the executive branch of the government. The court emphasized its limitations in directing policy changes, noting
The Court refrains from entering into the field of policy making, which is exclusively reserved for the executive.
However, the bench allowed the petitioner to make a formal representation to the appropriate state authorities, who are expected to consider the request in accordance with the law.
Background of the PIL
The PIL was filed by a lawyer in the aftermath of the Pahalgam terror attack, which occurred on April 22, 2025. In this incident, terrorists opened fire on tourists in the Baisaran Valley near Pahalgam, Jammu and Kashmir, resulting in the deaths of 26 individuals and injuries to 20 others. The attack was claimed by The Resistance Front, an offshoot of the Pakistan-based Lashkar-e-Taiba.
The petitioner argued that the victims, primarily Hindu tourists, should be honored with ‘martyr’ status and that the site of the attack should be recognized as a memorial to their sacrifice.
Implications of the Court’s Decision
By dismissing the PIL, the High Court has underscored the judiciary’s role in refraining from intervening in matters that are within the executive’s domain. The decision delineates the separation of powers, highlighting that policy decisions, such as conferring honorary statuses or renaming sites, are to be made by the government.
The petitioner retains the option to present the case to the relevant state authorities, who may evaluate the proposal based on existing laws and policies
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