1984 anti-Sikh riots: Prosecution must be carried out seriously, not just for sake of it, says SC

Posing serious questions to the Delhi Police over non-filing of appeals against acquittals in the 1984 anti-Sikh riots cases in the national capital, the Supreme Court on Monday said prosecution should be carried out “seriously and not just for the sake of it”.

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“In a number of cases, you have not challenged the order passed by the Delhi High Court. Frankly speaking, filing SLPs doesn’t serve purpose unless it is filed and prosecuted seriously. You tell us, in matters which were filed earlier, were any senior lawyers engaged to argue the matter? It has to be done seriously, not just for the sake of it. It must be done earnestly and sincerely,” a Bench led by Justice Abhay S Oka told Additional Solicitor General Aishwarya Bhati, who represented the Delhi Police.

“We are not saying that the outcome must be in a particular manner,” the Bench, which also included Justice Ujjal Bhuyan, said while hearing a PIL filed by former Shiromani Gurudwara Prabandhak Committee member Kahlon on whose petition the top court in 2018 set up an SIT led by Justice (Retd) SN Dhingra to probe 199 cases where investigations were closed.

The court’s comments came after senior counsel HS Phoolka alleged on behalf of the riot victims that the appeals filed by the Delhi Police were just a formality. “There was a judgment by the Delhi High Court that there was cover up and the state did not prosecute properly, “Phoolka said, seeking permission to place the judgments on record.

As Bhati said letters were written to file appeals in six cases of acquittal, the Bench posted the matter for further hearing on Next Monday i.e. February 17.

Almost 3,000 people were killed, most of them in Delhi, in the anti-Sikh riots that broke out following the assassination of then Prime Minister Indira Gandhi on October 31, 1984.

The Delhi Police have ruled out retrial for want of evidence. In a fresh status report, the Delhi Police told the top court that out of 650 cases registered in connection with the 1984 anti-Sikh riots charge sheets were filed only in 362 cases and only in 39 cases convictions took place while in the rest 323 cases the accused were acquitted. It said there was no case in which trial was pending.

According to the status report, 267 cases remained untraced and courts accepted it in 266 cases while in the rest one untraced case from PS Sultanpuri remained pending with the Delhi Government for opinion. It said 18 cases were cancelled while two cases were clubbed with other cases.

One case from Nangloi was probed by the CBI which filed a closure report and the same was accepted by Additional Chief Metropolitan Magistrate Jitendra Singh on December 12, 2017, the report submitted.

Acting on a petition filed by Kahlon, the top court had in January 2018 appointed a Special Investigation Team (SIT) headed by Justice (Retd) SN Dhingra to re-investigating 186 cases of the 1984 anti-Sikh riots that were reopened.

Phoolka had on January 27 submitted a tabulated chart based on the SIT report to highlight the inaction on the part of the Delhi Police. He said while the murder of six persons was never investigated and no action was taken in at least two cases, in one case no SLP was filed against dismissal of a case. He said the SHO who allegedly took away licenced guns of Sikhs and made a gesture to the mob to attack Sikhs was promoted at the rank of ACP.