1984 anti-Sikh riots: Delhi HC refuses to condone nearly 28 yrs delay in filing appeal against acquittal

The state said that the two-member SIT, which was formed to look into riot cases that were closed, recommended in 2019 that the 1995 order of acquittal could be appealed

The Delhi high court has refused to condone the state’s nearly 28-year delay in filing an appeal against the acquittal of several accused in a 1984 anti-Sikh riots case in 1995, saying there was no “justifiable” explanation provided.

Delhi high court (FILE)

The state said that the two-member Special Investigation Team (SIT), which was formed in response to a Supreme Court order to look into riot cases that were closed because there wasn’t enough evidence or the investigation wasn’t done well, recommended in 2019 that the 1995 order of acquittal could be appealed.

The state said that the appeal could not be finalised quickly due to the Covid-19 pandemic, causing further delay, and now the Leave to Appeal has been filed along with the application for condonation of the 27-year-and-335-day delay.

However, the high court dismissed the application for delay condonation, saying it had no merit.

“No reason has been given for explaining the delay of 28 years. SIT delivered the report on April 15, 2019, but even thereafter, there has been a four-year delay for which no cogent explanation has been provided. This court has recently dismissed three criminal leave appeals…where the delay was less than 1,000 days,” said a bench of justices Suresh Kumar Kait and Neena Bansal Krishna.

The anti-Sikh riots erupted following the assassination of Prime Minister Indira Gandhi. She was shot dead by her Sikh bodyguards on October 31, 1984. Charges were framed, and the accused were acquitted after a trial by a sessions court on March 28, 1995.

Initially, a first information report was registered in 1991 at Saraswati Vihar police station for the offences of rioting, attempt to murder, mischief by fire with intent to destroy house under the Indian Penal Code concerning incidents of rioting, looting and killing of Sikhs in Delhi between October 31, 1984 and November 3, 1984.

The high court said in its order it is not in dispute that the accused were acquitted because the witnesses produced during the prosecution’s evidence were not found credible and that if the judgment of acquittal aggrieved the prosecution or the complainant, nothing prevented them from filing an appeal.

“The reason now being given for filing the appeal is SIT’s opinion in its report that the trial court could not have concluded that the case was weak merely because of a delay in recording the FIR or the statements of the witnesses. The delay in recording the FIR was obvious because the state was not interested in recording FIRs. During the riots, more than 3,000 Sikhs were killed, and only a few cases were registered in relation to these gruesome murders, large-scale burning and looting,” the bench said.

It added the witnesses testified that the police were not recording their complaints.

The high court noted that the state did not dispute that the investigating agencies had not done any further investigations and that no new information about the alleged crimes had been placed on record.

It said there is no explanation as to why the state or the complainant did not file an appeal on the grounds that were available even at the time of acquittal.

“The reason now given is the SIT findings, but the SIT has also observed that the reason for disbelieving the witnesses due to the delay in filing the FIR was incorrect. It is clear that the grounds of appeal are purely on the case’s merits, which existed even at the time of trial and consequent acquittal,” the bench said.