Prosecution must be carried out seriously, not just for sake of it: 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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Conviction only in 39 cases: Police

• Of the 650 cases registered in connection with the riots, chargesheets were filed only in 362 cases
• Conviction took place only in 39 cases, while in the remaining 323, the accused were acquitted, the police tell SC

“In a number of cases, you have not challenged the order passed by the Delhi High Court. Frankly speaking, filing an SLP doesn’t serve any 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 Gurdwara Parbandhak 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 HC that there was a 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 (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 PM Indira Gandhi on October 31, 1984.

The Delhi Police have ruled out retrial for want of evidence. In a status report, the police told the top court that of the 650 cases lodged over the riots, chargesheets were filed only in 362 cases and conviction took place only in 39 cases while in the remaining 323 cases, the accused were acquitted. It said there was no case in which the trial was pending.