Today, On 10th February, The Supreme Court emphasized that prosecutions for the 1984 anti-Sikh riots must be conducted seriously and not as a mere formality. It stressed the need for genuine legal action to ensure justice for the victims. The court highlighted that such cases should not be handled casually or for appearance’s sake. Proper investigation and accountability are crucial for upholding the rule of law.
New Delhi: The Supreme Court questioned the Delhi Police for failing to file appeals against acquittals in the 1984 anti-Sikh riots cases, emphasizing the need for serious prosecution rather than a mere formality.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan urged Additional Solicitor General Aishwarya Bhati, representing the Delhi Police, to file special leave petitions (SLPs) against the acquittals and to approach these cases with genuine commitment.
The Justices remarked,
“In a number of cases, you have not challenged the orders passed by the Delhi High Court. Frankly speaking, filing SLPs doesn’t serve a purpose unless they are prosecuted seriously. You tell us, in matters filed earlier, were any senior lawyers engaged to argue? It has to be done earnestly and sincerely. We are not saying that the outcome must be in a particular manner.”
Senior advocate H.S. Phoolka, representing petitioner S. Gurlad Singh Kahlon, asserted that the appeals filed by the police were merely a formality. He pointed out a Delhi High Court judgment indicating a cover-up and inadequate prosecution by the state, seeking permission to submit the judgments for consideration.
During the proceedings, the ASG mentioned that letters had been sent to initiate appeals in six acquittal cases.
The bench has scheduled the next hearing for February 17.
This discussion arose during a PIL filed by former Shiromani Gurudwara Prabandhak Committee member Kahlon, which led the Supreme Court in 2018 to establish a Special Investigation Team (SIT) led by Justice Dhingra to examine 199 cases that had been closed.
The 1984 riots, which erupted following the assassination of former Prime Minister Indira Gandhi by her bodyguards, resulted in significant violence against the Sikh community.
According to the Nanavati Commission’s report, 587 FIRs were registered in Delhi relating to the riots, which claimed 2,733 lives. Of these, about 240 cases were closed as “untraced,” and roughly 250 resulted in acquittals.
In May 2023, the CBI filed a chargesheet against Congress leader Jagdish Tytler for his alleged involvement in the killings of three individuals on November 1, 1984.
The CBI accused Tytler of “inciting, instigating, and provoking the mob” gathered at the Pul Bangash Gurdwara in the Azad Market area, leading to the burning of the gurdwara and the deaths of Thakur Singh, Badal Singh, and Guru Charan Singh.
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