Trials done in way that led to acquittals: Delhi cops to SC on 1984 anti-Sikh riots

Delhi Police informed the Supreme Court that 1984 anti-Sikh riot trials favored acquittals due to flawed investigations, urging the government to address this issue.

The Delhi Police told the Supreme Court on Monday that trials in several 1984 anti-Sikh riots cases were conducted in a way that led to acquittals of the accused rather than convictions.

A bench led by Justice Abhay S Oka emphasised that the Union government must take a clear stance on all acquittals in these cases and scheduled the matter for further hearing on February 3. (ANI)

A bench led by Justice Abhay S Oka emphasised that the Union government must take a clear stance on all acquittals in these cases and scheduled the matter for further hearing on February 3.

Additional solicitor general (ASG) Aishwarya Bhati, representing the police, highlighted that investigations and trials were riddled with flaws. “It is clear from the records that trial in many of the cases was conducted in such a manner that resulted in acquittal of accused instead of their conviction.”

The court was hearing a public interest litigation by former Shiromani Gurudwara Prabhandak Committee (SGPC) member S Gurlad Singh Kahlon, whose plea led to the creation of a special investigation team (SIT) in 2018.

This SIT, headed by retired Delhi High Court judge Justice SN Dhingra, reviewed 199 closed cases related to the riots. These cases included 54 murders involving 426 victims, 31 cases of bodily harm, and 114 incidents of rioting, arson, and looting.

The majority of these cases were closed on account of the accused/witnesses remaining untraced. The SIT found out that hundreds of affidavits were filed by victims/witnesses before the Justice Ranganath Misra Commission of Inquiry that probed into the 1984 riots. Later many of them retracted their statements as the delayed trial left them tired and discouraged.

Referring to the SIT report, submitted to the Centre in April 2019, ASG Bhati said that though SIT found several “lacunaes” in the investigation and trial, it was of the opinion that further investigation cannot be taken up. In cases where the SIT recommended filing of appeal against acquittal, the same got dismissed due to the prolonged delay.

The bench, also comprising justice Ujjal Bhuyan said, “The government of India has to take a stand on the SIT report of April 15, 2019. We want to know if all orders of acquittal were challenged. The finding is that in some cases, the allegations were not part of the FIR. We want to know whether the charges were framed based on the recommendation of SIT.”

Delhi witnessed large-scale violence and killings of persons from the Sikh community following the then prime minister Indira Gandhi’s assassination by her bodyguards in 1984. According to the Nanavati Commission, of 587 registered FIRs, 240 were closed as “untraced,” and around 250 ended in acquittals.

The SIT attributed the failure to secure convictions to the police and administration’s lack of interest in handling cases diligently, stating efforts were largely aimed at suppressing them.

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