Shilpi Nama
On 5th May, 2025, the Supreme Court of India dismissed a Public Interest Litigation (PIL) seeking stricter tourist safety protocols in hill stations and remote areas. The PIL had urged the Union Home Ministry and all State Governments to implement stringent safety protocols for tourists visiting hill stations and remote regions. The PIL also sought the deployment of armed forces in areas with high tourist traffic.
This petition was submitted by Advocate Vishal Tiwari in response to a recent terrorist attack on tourists in Pahalgam, Jammu and Kashmir. Tiwari further requested the Court to instruct the Government to establish adequate medical facilities in remote and hilly tourist destinations to ensure prompt assistance during emergencies. However, a Bench comprising Justices Surya Kant and N Kotiswar Singh expressed skepticism regarding the intentions behind the PIL.
The judges noted that the petitioner had a history of filing similar PILs, which appeared to be more about gaining publicity than serving the public interest. The Bench questioned Tiwari directly: “Mr. Tiwari, why are you filing the repeated PILs? Who is inciting you?” In reply, Tiwari asserted that his petition aimed solely to safeguard tourists and was not intended to criticize the Government. Nevertheless, the Bench remained unconvinced, stating, “You aren’t understanding the sensitivity of issue.” Following this exchange, Tiwari withdrew his petition. The Court criticized his motives and made a pointed observation before dismissing the case.
Additionally, Tiwari had requested the Court to issue directives to ensure the safety and security of the Amarnath Yatra in Kashmir. This dismissal is not unprecedented; on 1st May, 2025, the same Supreme Court Bench had previously declined to entertain another PIL seeking a judicial investigation led by a retired Supreme Court judge into the Pahalgam terror attack.
The petitioner expressed that the request was made on behalf of Kashmiri students residing in other states who may be at risk from terrorists or individuals seeking retribution for the deaths of 26 individuals, predominantly civilians, in the attack that occurred on 22nd April, 2025, in Pahalgam. This concern was echoed by the Jammu and Kashmir Government; Chief Minister Omar Abdullah had earlier tasked J&K ministers with liaising with officials in other states to safeguard Kashmiri students and residents.
However, the Court showed hesitance in addressing the plea, pointing out that the Public Interest Litigation did not explicitly reference students. The Court also permitted the petitioner to seek recourse from the appropriate High Court regarding the challenges faced by students from Jammu and Kashmir. Additionally, a separate Public Interest Litigation regarding enhanced security and safety protocols in sensitive mountainous regions is currently under consideration by the Court. The recent terrorist incident in Pahalgam, Jammu and Kashmir, has sadly resulted in the loss of numerous innocent lives.
Case Name: Vishal Tiwari v. Union of India & Ors.
Case Number: W.P.(C) No. 458/2025
Bench: Justices Surya Kant and N Kotiswar Singh
Instagram: Click here.
LinkedIn: Click here.
For Collaboration and Business: info.desikaanoon@gmail.com
