The Centre informed the Supreme Court that the trials in the Anti-Sikh riots cases were conducted in a manner that led to the acquittal of the accused. The Supreme Court bench noted that the central government must explain why all the acquittals and dismissals were not appealed in higher courts. This raises concerns about the handling of the cases. The government has been asked to provide clarity on the issue.
New Delhi: The Centre informed the Supreme Court that records indicate that trials in numerous cases related to the 1984 anti-Sikh riots were conducted in a manner that led to the acquittal of the accused rather than their conviction.
During the proceedings, Additional Solicitor General Aishwarya Bhati, representing the Centre and Delhi Police, noted that appeals against these acquittals had been filed but were dismissed due to delays.
Bhati explained that on January 11, 2018, the Supreme Court established a Special Investigation Team (SIT) led by former Delhi High Court judge S.N. Dhingra to investigate 186 cases linked to the 1984 riots.
The SIT recommended filing appeals against acquittals in several instances. She referenced a recent status report by Delhi Police, revealing that eight appeals were submitted but were dismissed by the Delhi High Court, with some decisions upheld by the Supreme Court.
The bench remarked that the Centre needs to clarify why all acquittal and dismissal orders were not challenged in appellate courts.
Adding that the Centre has filed appeals as recommended by the SIT. Bhati stated,
“I can’t go beyond the affidavit, but it is clear from the records that the trial in many of the cases was conducted in such a manner that resulted in acquittal of the accused instead of their conviction,”
The bench acknowledged it could not locate the Centre’s status report and expressed a desire to review it before proceeding.
The matter was adjourned for a hearing next Monday.
The Supreme Court was considering a plea from Gurlad Singh Kahlon, represented by advocates Amarjeet Singh Bedi and Gaganmeet Singh Sachdeva, seeking directions to implement the SIT’s recommendations.
On December 20 of the previous year, the court directed the Centre to provide a fresh status report within two weeks regarding the trials related to the 1984 anti-Sikh riots. Following the assassination of then-Prime Minister Indira Gandhi by her bodyguards in 1984, Delhi experienced widespread violence against the Sikh community, leading to crucial legal developments over the past 40 years.
According to the Nanavati Commission report, 587 FIRs were registered in Delhi concerning the riots, which resulted in 2,733 deaths. Of these, approximately 240 cases were closed as “untraced,” and around 250 led to acquittals.
Notably, it was only in May 2023 that the central investigative agency, 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 claimed that Tytler “incited, instigated, and provoked the mob” that gathered at Pul Bangash Gurdwara in the Azad Market area, resulting in the destruction of the gurdwara and the deaths of Thakur Singh, Badal Singh, and Guru Charan Singh.
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