The Delhi High Court has ordered a retrial in the 1984 Anti-Sikh Riots case, observing that the material on record shows several lapses in the investigation and the conduct of trials, requiring fresh judicial scrutiny for justice.
In the 1984 anti-Sikh riots, the Delhi High Court pointed out deficiencies in both the investigation and the trial process of three specific cases.
The Court instructed the trial court to reconstruct the records for these cases.
The High Court stated,
“Efforts are required to be made on a best endeavour basis to secure such records from any sources to enable this court to finally adjudicate the present Criminal Revision Petitions,”
In 1986, the trial court had acquitted all the accused individuals. These cases are associated with the anti-Sikh riots that occurred in the Raj Nagar area of Delhi Cantt in November 1984.
These five cases surfaced during an appeal by the CBI against the acquittal of former MP Sajjan Kumar in another Raj Nagar matter.
The Division Bench, consisting of Justices Subramonium Prasad and Harish Vaidyanathan Shankar, noted,
“Material on record further prima facie reveals several lacunae in the investigation as also the conduct of trials.”
The bench stated in its judgment on August 11,
“A prima facie reading of the Judgment passed by the Trial Court indicates that the Judgments are not well considered.”
It added,
“However, this court is not inclined to make any further comments on the tenability of the impugned Judgments at this juncture without having the benefit of perusing the records of the Sessions Cases.”
The High Court has instructed the trial court to work on reconstructing the records of those cases.
The bench noted,
“Since the entire records are not available and lacks vital documents, such as witnesses’ depositions, documents presented before the Learned Additional Sessions Judges, and statements recorded under Section 161 of the CrPC, it would be impossible for this Court to proceed with further consideration of the present cases.”
While addressing these petitions, the High Court expressed its concerns regarding the victims of the 1984 violence. It observed that several key witnesses had not been examined.
The bench remarked in its judgment,
“Valuable lives were lost in the incidents which form the subject matter of the present cases. Several crucial witnesses, including eyewitnesses, were not examined in Sessions Cases 31 and 32 of 1986 due to insufficient efforts to serve summons at addresses damaged or abandoned by witnesses in the aftermath of the incident,”
The High Court also criticized the manner in which the investigation was conducted by the investigative agency and emphasized the necessity for further examination of the issues.
It noted,
“A composite challan has been filed for several cases, prima facie reflecting a perfunctory investigation. Therefore, this court thinks that the matter cannot be left to rest at this juncture.”
The court asserted that the valuable rights of victims and society to a free and fair investigation, as well as a genuine trial, cannot be compromised due to a “fait accompli.”
It indicated its intention to follow the approach suggested by the top court in Abhai Raj Singh.
The High Court directed the relevant trial court to reconstruct the records of Sessions Case 10 of 1986, Sessions Case 31 of 1986, and Sessions Case 32/86. It noted that several commissions had been established to investigate various aspects of the 1984 Sikh riots.
Additionally, the court referenced the CBI investigation into the murders of five Sikh individuals Kehar Singh, Gurpreet Singh, Raghuvinder Singh, Narender Pal Singh, and Kuldeep Singh leading to the conviction of six accused. Appeals related to this matter are currently pending before the Supreme Court.
The High Court expressed optimism that the records for Sessions Cases 10/86, 31/86, and 32/86 might be accessible through the CBI, as these records would have been considered during the investigation.
It also mentioned that these records could be part of the Trial Court Record in the associated appeals, which might be with the Registry of the top court, collected during the CBI investigation.
Furthermore, the court noted that such records might be found in the archives of various committees and commissions appointed over time.
The matter has been scheduled for further hearing on September 1.