The Punjab and Haryana High Court on Tuesday (May 20) dismissed a Public Interest Litigation (PIL) seeking to declare the 26 tourists killed in the recent terrorist attack in Pahalgam as “Martyrs.”

A division bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel pronounced the order, observing that the issue fell within the domain of policy-making — a matter exclusively reserved for the executive branch.

“The Court refrains from entering into the field of policy-making, which is exclusively reserved for the executive,” the bench stated, while granting liberty to the petitioner to submit a representation before the appropriate authority. If such a representation is filed within 30 days, the Court directed that it be duly considered.

During the hearing, Chief Justice Nagu questioned the maintainability of the plea under Article 226 of the Constitution:

“Does declaring them martyrs fall under Article 226? Please provide one precedent. This is an administrative matter and a question of policy, and should be left to the executive to decide. Can we do it?” he asked.

Petitioner Ayush Ahuja contended that the slain tourists were innocent civilians who were "shot in the head by terrorists in the name of religion" and had to "face them like a soldier," warranting recognition akin to martyrdom.

However, opposing the plea, Additional Solicitor General (ASG) Satya Pal Jain, appearing for the Union of India, argued that the petitioner was unaware of the government’s ongoing efforts. He pointed out that the Home Minister had reached Srinagar on the same evening of the attack.

“We are on the verge of war with another nation. This is not the time to raise such issues — we are prioritising other things,” ASG Jain submitted.

Chief Justice Nagu further remarked that even in the case of soldiers, gallantry awards or recognition often take time and are not awarded immediately.

The Court had reserved its judgment in the matter on May 6.

The PIL had also sought directions to declare Pahalgam as a “Memorable Martyrs/Shaheed Hindu Valley Tourist Place.”