1984 riots: SC seeks report of cases from Delhi HC in a month

The bench said, “We direct the Supreme Court registry to call for a report from the Delhi high court on the four revision petitions.”

The Supreme Court on Monday questioned the long delay by the Delhi high court in deciding appeals in the 1984 anti-Sikh riots cases -- some of which have been pending for over seven years -- and called for a report in this regard within a month.

1984 riots: SC seeks report of cases from Delhi HC in a month

The court further directed the Delhi Police to expedite filing of appeals before the top court against six separate high court orders of acquittal and ensure that this is done within six weeks.

The bench headed by justice Abhay S Oka said, “We direct the Supreme Court registry to call for a report from the Delhi high court on the four revision petitions.”

The court was hearing a public interest litigation (PIL) filed by former Shiromani Gurudwara Prabhandhak Committee (SGPC) member S Gurlad Singh Kahlon, on whose plea the top court in 2018 constituted an SIT led by justice (retd) SN Dhingra, a former Delhi high court judge, to probe 199 riot cases in which investigations stood closed.

Senior advocate HS Phoolka, along with advocates Jagjit Singh Chabra and Amarjit Bedi, pointed out that the Delhi high court had taken a suo motu decision to reopen the acquittal in four cases, and these are pending since 2017. Giving details of the four revision pleas, they sought a specific direction to ensure there is a finality to those cases.

Citing the SIT report tabled in April 2019, Phoolka said the committee had asked the Delhi Police to explore the possibility of approaching the top court challenging eight cases that ended up the acquittal of the accused by the Delhi high court. In two cases, appeals were preferred to the top court and dismissed while in the remaining six, the police are yet to file appeals.

The bench, also comprising justice Ujjal Bhuyan, said, “We direct the state of Delhi (represented by Delhi Police) to ensure special leave petitions (SLP) are filed within six weeks from today.”

Additional solicitor general (ASG) Aishwarya Bhati, who represented the Centre and Delhi Police, informed the court that the police have initiated the process of filing SLPs.

The court further directed that “considering the fact that this bench is seized of the petition (filed by Kahlon), the SLPs shall be placed before the Chief Justice of India (CJI) for seeking administrative decision to tag those petitions with the present writ petition”.

The eight appeals were preferred on the recommendation by justice Dhingra-led SIT as it flagged shoddy probe and a clear attempt by the prosecution and police to shield the accused.

Posting the matter for further hearing to March 17, the court directed the Centre to clear its stand on an application moved by the petitioner seeking further investigation in specific cases flagged by SIT which involved murder and rape.

Phoolka said, “These are cases of extraordinary nature. The Delhi Police should convince the court about the nature of offences committed in 1984 anti-Sikh riots to be crimes against humanity and apply a different yardstick to be adopted in such matters.”

Bhati said even the SIT pointed out that finding evidence at this belated stage is a challenge and did not favour reopening the 199 cases. However, the SIT had recommended exploring the option of filing appeals in eight cases.

Last week, the top court had observed that the Centre should be serious about filing appeals and not undertake it as a “formality”. The court had even wished to know if any senior, experienced lawyer was engaged to argue the appeals.

“This has to be done seriously and not just for the sake of it,” the bench had said, after being told that the Delhi Police has begun preparations for filing six appeals in the top court.

Of the 199 cases examined by the SIT, 54 cases were of murder of 426 people; 31 cases involved bodily injury to 80 people; and 114 cases related to rioting, arson and loot. A majority of cases were closed on account of the accused or witnesses remaining untraceable. The SIT found that hundreds of affidavits were filed by victims or witnesses before the Justice Ranganath Misra Commission that probed the 1984 riots. Later, many of them retracted their statements as the delayed trial left them “tired and discouraged”.

Delhi witnessed large-scale violence against the Sikh community following the assassination of then Prime Minister Indira Gandhi by her Sikh bodyguards in 1984. According to the Nanavati Commission, which probed these riot cases, 587 FIRs registered in connection with the riots in which 2,733 people were killed. The police closed 240 cases as “untraced” and about 250 cases ended in acquittals.

The SIT in its report said, “The whole efforts of the police and the administration seem to have been to hush up the criminal cases concerning riots...All 199 cases were scrutinised for possibility of further action but in none of the cases further investigation is possible.”

The SIT, also comprising IPS officer Abhishek Dular, said, “The basic reason for these crimes remaining unpunished and culprits going scot-free was a lack of interest shown by the police and the authorities in handling these cases as per the law or to proceed with the intention of punishing the culprits.”