1984 anti-Sikh riots case: CFSL couldn’t decipher 40-year-old illegible FIR in Kanpur, UP Govt tells SC

The Uttar Pradesh Government on Friday told the Supreme Court that the Central Forensic Science Laboratory (CFSL) has not been able to decipher the contents of an over 40-year-old illegible FIR registered in a 1984 anti-Sikh riots case in Kanpur.

Taking note of the state government’s affidavit, a Bench of Justice Surya Kant and Justice Joymalya Bagchi directed the probe agencies to inform it as and when they were able to get a copy.

If an expert body (CFSL) could not decipher the contents of the FIR, then nothing could be done. However, if the agencies got hold of a copy of it, the court could issue further directions, it noted.

The top court was hearing a plea for the reopening of the killings of around 130 Sikhs in Kanpur during the 1984 anti-Sikh riots.

The FIR in question is part of the nine FIRs being investigated by the SIT after 35 years and closed for want of evidence. It had previously directed for expeditious trial of 11 cases related to the 1984 anti-Sikh riots cases in Kanpur in which charge sheets were filed post the reinvestigation of the cases.

“The report reveals that the contents of FIR No. .../1984 could not be deciphered even by the expert institute, namely, the Central Forensic Science Laboratory (CFSL), New Delhi, and a report received from it reveals that except two Hindi words which could be partially read…others are fragmented terms,” it said.

“That being so, we are satisfied that no effective action in furtherance of FIR No...can be taken at this stage. However, as and when the agencies are able to get material copy of the same, the matter shall be brought to the notice of this court without any delay so that appropriate directions in relation to that FIR can also be issued,” it said.

The Bench was told that the high court granted stay on the proceedings before the trial court in many cases resulting in delay of justice to the victims’ kin even after three-four decades of the incident.

The Bench disapproved of the high court staying proceedings in three of the 11 cases in which the trials began after the SIT filed chargesheets. “While we do not wish to impact the right of a suspect/accused to avail his/her remedy including quashing of the chargesheet, all that we request is that the high court may take up these matters out of turn for their adjudication in accordance with law,” it said.

The top court asked the state counsel in all such cases to produce a copy of its order before the high court for necessary action and posted the matter for further hearing on September 15.

“We say so for the reason the unfortunate tragedy took place way back in the year 1984 and it is only because of repeated efforts made by this court that the investigations were revived, SIT was constituted and on completion of investigation, the chargesheet has now been filed. One can take judicial notice of the fact that the conclusion of the trial will take some reasonable time, it noted.

The high court, as a result, was asked to take up the matters, proceedings in which were stayed, on an out-of-turn basis and expeditiously, keeping in view the most important fact that with the passage of time, production of vital witnesses had become a difficult task.