SC issues notice as cops challenge acquittal of 14 in 1984 riots cases

The Supreme Court has issued a notice on appeals filed by the Delhi Police challenging the Delhi High Court’s orders acquitting 14 accused persons in six cases related to the 1984 anti-Sikh riots in Delhi.

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“We are conscious of the fact that there was a long delay in filing the appeals against the acquittal before the High Court. However, we have noted the grievances made in Writ Petition (Crl.) No. 9/2016 and the orders passed therein from time to time. The delay in filing the special leave petitions is condoned,” a Bench led by Justice AS Oka said, asking the accused to respond to the petitions by July 21 — the next date of hearing.

It also directed the Registrar to provide a soft copy of the record of the trial court to the counsel appearing for parties who would place on record a compilation of notes of evidence. Around 3,000 people, mostly Sikhs, were killed in the anti-Sikh riots that broke out following the assassination of the then Prime Minister Indira Gandhi on October 31, 1984, by her two Sikh bodyguards.

The order came on a petition filed in 2016 by S Gurlad Singh Kahlon, a former Shiromani Gurdwara Parbandhak Committee member, seeking the implementation of the recommendations of the Justice SN Dhingra Committee.

Acting on Kahlon’s PIL, the top court had in 2018 constituted an SIT to probe 199 cases where investigations were closed. Noting that the probe was derailed in several cases, the Justice Dhingra committee, in its January 2020 report, recommended filing of appeals against acquittals.

The Delhi High Court had dismissed the appeals against the acquittal on the ground of inordinate delay.

The Supreme Court had on February 10 said the state must file appeals earnestly and with seriousness. “We are not on any particular outcome, but it must be pursued earnestly and with seriousness,” the top court had said.

A week after being questioned over non-filing of appeals challenging acquittals in the 1984 anti-Sikh riots cases in the national capital, the Delhi Police on February 17 told the Supreme Court that it would file appeals in six such cases against acquittals.

On behalf of the Delhi Police, Additional Solicitor General Aishwarya Bhati had told the court that the committee had recommended the filing of eight SLPs. She said two SLPs had earlier been filed, which were dismissed, and six more had now been filed.

Earlier, the Bench had questioned if senior advocates had been engaged in the earlier matters and stated that filing SLPs would not serve any purpose unless done and prosecuted seriously. Senior advocate HS Phoolka, appearing for the petitioner, had alleged that the appeals were filed “just as a formality.”