'84 riots: HC seeks CBI's reply on plea against verdict

The Delhi high court on Monday sought the response of the Central Bureau of Investigation (CBI) and two persons sentenced to three years' jail for rioting in a 1984 anti-Sikh riots case. The reply has been sought on the plea of the victims' families challenging the trial court verdict acquitting the duo of murder charges.

The Delhi high court on Monday sought the response of the Central Bureau of Investigation (CBI) and two persons sentenced to three years' jail for rioting in a 1984 anti-Sikh riots case. The reply has been sought on the plea of the victims' families challenging the trial court verdict acquitting the duo of murder charges.

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A bench of justice GS Sistani and justice GP Mittal sought the CBI's response by August 27 on the appeal of Jagdish Kaur and Nirpreet Kaur, who have challenged the trial court's April 30 order acquitting former MLA Mahender Yadav and Kishan Khokkar of the charges of murder.

Congress leader Sajjan Kumar's acquittal in the riots case has also been challenged in the high court by the victims. It is likely to come up for hearing on Wednesday.

The bench also issued a notice to the CBI on another plea by the victims, who are also seeking enhancement of the life sentence awarded to Balwan Khokkar, Girdhari Lal and Captain Bhagmal to death penalty for the charge of murder.

The bench also called for the trial court record in the case on the next date of hearing.
The trial court on April 30 had acquitted Sajjan, a former Lok Sabha MP from Outer Delhi, but convicted five others ex-councillor Balwan Khokkar, Mahender Yadav, Kishan Khokkar, Girdhari Lal and Captain Bhagmal for their involvement in the case.

While Balwan Khokkar, Lal and Bhagmal were convicted of murder and rioting and awarded life term, Yadav and Kishan Khokkar were convicted only of rioting and handed three years' jail term.
Filing the petitions through their counsel HS Phoolka, the victims, who also sought compensation, said the April 30 verdict was "erroneous" as the trial court failed to appreciate the evidence against the convicts.

In their plea against the acquittal order, the victims said, "The trial court has not given any substantial, compelling, good and sufficient reason and ground to acquit the respondents under the charges of murder framed against them."

The petitioners also claimed that despite they being witness to the role of the respondents during the riots, the trial court has acted in a "casual" manner while pronouncing its verdict.
"The trial court gives finding as to the credibility of these eyewitnesses that they are natural and truthful, but in a cursory manner has acquitted the respondents of such a heinous crime," the petition said, urging the high court to aside the trial court verdict.

The case relates to the riots that had broken out after the assassination of then Prime Minister Indira Gandhi on October 31, 1984.

The case, in which these five persons were held guilty pertains to the death of five Sikhs Kehar Singh, Gurpreet Singh, Raghuvender Singh, Narender Pal Singh and Kuldeep Singh who were members of a family and were killed by a mob in Delhi Cantonment's Raj Nagar area during the riots.

Kehar and Gurpreet were the husband and son, respectively, of complainant and eyewitness Jagdish Kaur, while Raghuvender, Narender and Kuldeep were the brothers of Kaur and another witness, Jagsher Singh.

The case against Kumar and others was registered in 2005 on a recommendation by Justice GT Nanavati Commission. The CBI had filed two chargesheets against him and the other accused in January 2010.

The trial court had in May 2010 framed charges against Kumar and the five others under sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153-A (promoting enmity between different communities), 120-B (criminal conspiracy) and other provisions of the Indian Penal Code (IPC).

The Delhi Police had earlier probed the riots case and the investigation was handed over to the CBI in 2005. The CBI had told the court that there was a conspiracy of "terrifying proportions" between Kumar and the police during the riots.

The agency had said the police had kept its "eyes closed" to the widespread violence.
The CBI had also alleged that in all complaints wherever Kumar's name had cropped up, it was "immediately eliminated" from the Delhi Police records.