HC Orders Retrial In Anti-Sikh Riot Case
Delhi High Court
on Monday ordered retrial in one of the cases.
In three other acquittals, HC asked the trial court to "reconstruct" the case records as vital documents, including deposition of witnesses and their statements, are missing.
The cases relate to the killing of five Sikhs in the Raj Nagar Part I area in Palam Colony and the burning down of a gurdwara in Raj Nagar Part II, and were lodged at the Delhi Cantt police station. In 2017, HC had reopened these cases after it found that all accused were acquitted by trial courts in 1986, and neither Delhi Police nor CBI appealed.
Incidentally, only two of the several accused men are alive.
In multiple verdicts, a bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar ordered the retrial of the accused, Ramji Lal Sharma, and the reconstruction of records in three cases against another accused, Balwan Singh Khokhar.
You Can Also Check:
Delhi AQI
|
Weather in Delhi
|
Bank Holidays in Delhi
|
Public Holidays in Delhi
HC said it is "mindful" that more than 40 years have passed, but underlined that the case "undoubtedly falls within the category of an 'exceptional case' warranting setting aside of the acquittal dated May 28, 1986, and consequent direction for a retrial."
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
Kate Middleton's Daring Outfit Took Prince William's Breath Away
Crowdy Fan
Undo
The court noted that the "truth-finding exercise was given a go-by previously" and directed CBI to probe further "since the alternative would entail turning a Nelson's eye to the needs of the society at large and the rights of victims, including the complainant and her children, to a comprehensive free and fair investigation".
HC also flagged how, in Sharma's case, the trial court in 1986 "committed several manifest errors of law" that resulted in a "miscarriage of justice", and a "grave offence of murder and arson with communal overtones" was neither investigated properly nor "tried in right stead".
The court said sufficient efforts were not made to involve all natural witnesses in the probe, including victim Harbhajan Singh's children who were present at the time of the incident, and/or any neighbours in whose house Singh's wife and children took shelter after the mob burnt their house down.
On the long delay in victims approaching police, HC pointed out that "a bloodbath took place after the assassination and as a result of the violence, widows, children and persons residing in the vicinity ran away for their safety and took shelter elsewhere, which naturally meant they would not have been readily available for investigation".
It said the trial court "failed to factor in the precarious situation and communal tensions which existed in the aftermath of the assassination".
Dealing with the other three cases reopened in 2017, HC noted that apart from the shoddy investigation, trial judges "hardly took any steps to ensure the presence of crucial witnesses, including persons who had witnessed the incident", leading to missing material evidence.
"Valuable lives have been lost in the incidents which form the subject matter of the present cases. Several crucial witnesses, including eyewitnesses to the incident, were not examined on account of insufficient efforts to secure their presence through service of summons at addresses which had been damaged and/or abandoned by such witnesses in the aftermath of the incident," the court observed.
Stay updated with the latest local news from your
city
on
Times of India
(TOI). Check upcoming
bank holidays
,
public holidays
, and current
gold rates
and
silver prices
in your area.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Indian Express
14 minutes ago
- Indian Express
Sachin Pilot writes: All that the Prime Minister didn't say in his Independence Day speech
The 79th Independence Day is a moment of great pride for every Indian. Our great nation has demonstrated how, despite tremendous socioeconomic challenges, a country as large as India can move from a democratic experiment to a model democracy. The day commemorates the unprecedented collective effort of every Indian to gain independence from colonial rule. The independence movement was not driven by a person, an ideology, or a single organisation. It encompassed the efforts of hundreds of thousands of patriots who cut across religious, caste, regional, and political lines — a unity in diversity — which till date remains our greatest strength. However, the Prime Minister's address on August 15 failed to underscore or reiterate this spirit, and the speech came across like another partisan address. The BJP's attempt to discredit previous Prime Ministers and other political parties who have served the country reared its head again when the Prime Minister incorrectly referred to a lack of technological progress in previous governments. This narrative conveniently forgets the immense contributions of Jawaharlal Nehru in establishing ISRO, IIMs, IITs, AIIMS, HAL, DRDO, and Bhabha Atomic Research Centre. Indira Gandhi continued those endeavours — she facilitated the mission to send India's first citizen to orbit in space (Squadron Leader Rakesh Sharma), ordered underground nuclear tests, and had the foresight to initiate a national mission on seabed mining. Rajiv Gandhi was instrumental in bringing about the telecom and IT revolution, making long distance communication a reality for every Indian. Manmohan Singh's government launched the ambitious project to connect more than 2.5 lakh gram panchayats through broadband by laying optical fibre throughout the length and breadth of the country, systematically strengthening the foundation for a truly digital India. These are massive milestones in India's technological journey; discounting and underplaying the contributions of previous leaders of the nation is a disservice to the country's history. The government appears to seek credit for India becoming the fourth largest economy in the world in the last few years. But there is more to this macro-economic data. What the claim misses entirely is an analysis of the 'average'. From a per-person perspective, India as a country of about 140 crore people, still remains in the list of lower middle income countries with a per-capita GDP of $2,711. For comparison, the per capita GDP of Sri Lanka is $4,325, and Bhutan is $3,913. We have overtaken Japan's GDP and are now eyeing Germany's GDP in order to become the third largest economy. But it is important to note that both these countries have a population of approximately 12 crore and 8 crore, respectively. That is roughly the size of two states in India. Japan's per capita GDP is about $33,767 and Germany's is $54,343. India's closest country in terms of population is China with a per capita GDP of $12,614. A true measure of India's economic success must be tested on the per-person data point. It is the surest indicator to assess whether we are punching above our weight or not. The BJP has also been incessantly trying to draw political mileage from Operation Sindoor. Today's address by the PM was no different. Importantly, this was another instance where the issue of whether the claim by the President of the United States that he ensured a ceasefire between India and Pakistan is true, was completely ducked. The US President continues to claim credit for the ceasefire and so far, the PM has not denied Trump's role publicly. This is a serious departure from India's time-tested stand that resolving issues between India and Pakistan is a bilateral matter and no foreign interference shall be permitted. The other aspect of the Pahalgam terrorist attacks and Operation Sindoor that remains unanswered is accountability. The security lapse exposed a failure of the Government's intelligence and security machinery. This failure is compounded by the lack of meaningful international support in unequivocally castigating Pakistan as a state sponsor of terrorism. The Prime Minister spoke of 'picchde ko praathmikta' (priority to the backward) but has allowed an environment of fear to fester where backward communities remain concerned about their existing constitutional protections and guarantees. This legitimate fear was reinforced during the recent Lok Sabha elections where BJP campaigned on its aim to secure 400 seats — a brute majority which might have allowed sweeping constitutional amendments. It is therefore no surprise that the people of India have reduced them to relying on a delicately strung coalition government at the centre. Despite their electoral drubbing, the BJP has systematically attacked the rights of SCs, STs, and OBCs, for example by drastically reducing their scholarships, and delaying appointments in university posts to candidates from backward communities. According to the government's own figures, 83 per cent of professor-level posts reserved for STs, 80 per cent for OBCs, and 64 per cent for SCs are unfilled in central universities. There is a lack of balanced regional growth in the country with several states severely lagging. The BJP government has also caused an unhealthy amount of strain in centre-state relations by creating budget allocations ridden with political biases and manipulating government levies to deny economic benefits to states. If the government truly wants to secure the rights and interests of the backward communities and regions, it must move beyond rhetoric and politics to do real work on the ground. Independence Day is a day to revere our motherland and the generations who came before us who gave their lives to provide us this precious freedom. It is a day to recommit ourselves to the ongoing cause of nation building and remember that strengthening the country is our highest duty, our moral calling. Let us hope that the government imbibes that spirit and works towards a more united, a more developed, and a more progressive India. The writer is the MLA from Tonk and AICC general secretary in charge of Chhattisgarh
Time of India
26 minutes ago
- Time of India
'This is how much Russians respect Trump': Sergei Lavrov called 'trollmaster' as he arrives in Alaska wearing a USSR sweatshirt
Lavrov was seen wearing a sweatshirt with the inscription CCCP, the Cyrillic abbreviation for USSR. The wardrobe choice of Russian foreign minister Sergei Lavrov drew attention as the Russian team touched down in Alaska Friday. Lavrov was seen wearing a sweatshirt with the inscription CCCP, the Cyrillic abbreviation for USSR, as he entered the hotel in Alaska where Putin is set to hold talks with Donald Trump. Former Lithuanian foreign minister Gabrielius Landsbergis quipped on X about Lavrov's clothing choice: ''Just give us half of Ukraine and we promise we will stop,' says negotiator wearing USSR sweatshirt.' Russian fashion bloggers identified the $120 sweatshirt as the work of Selsovet, a Chelyabinsk-based brand that specialises in 'Soviet heritage' clothing. "This is how much the Russians respect Trump. The Minister of Foreign Affairs Sergey Lavrov turns up to the 'Negotiations' with Trump in a fucking USSR T-Shirt. The Russians are laughing at America and the West," one social media comment read. "You can't make this up. War criminal Lavrov arrives to Alaska wearing a USSR sweater. The Russians aren't even bothering to hide their bloody imperialist ambitions on US soil," another wrote. "Lavrov mocks the Americans right in their own backyard by wearing a t-shirt that says CCCP (USSR). If Trump doesn't react, America will become the world's laughingstock," a third user wrote. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Spacious 3 & 4 BHK Homes starting from 2.34 Cr* Evara Thane Buy Now Undo "Lavrov's 'USSR' sweater in Alaska is a clear nod to the Putin regime's imperial ambitions. They're stuck in the past and want to pull Ukraine and Belarus back with them – forgetting we are free nations that will never return to their 'brotherhood'. Dictators cannot be appeased," Belarusian politician Franak Viačorka posted.
Time of India
30 minutes ago
- Time of India
10 pilgrims from Bihar killed, 35 injured in Bengal accident, Nitish Kumar announces Rs 2 lakh ex gratia
Ten pilgrims from Bihar died and 35 others were injured as their bus rammed into a truck parked on the roadside in West Bengal's Burdwan town on Friday, officials said. Independence Day 2025 Modi signals new push for tech independence with local chips Before Trump, British used tariffs to kill Indian textile Bank of Azad Hind: When Netaji Subhas Chandra Bose gave India its own currency Bihar Chief Minister Nitish Kumar expressed grief over the accident and announced ex gratia of Rs 2 lakh each for the next of kin of the deceased. The pilgrims, who belonged to Motihari in Bihar's East Champaran district, were returning home after visiting Gangasagar in South 24 Parganas district when the accident happened on NH-19 near Phaguipur in Purba Bardhaman district, the officials said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 15 Most Beautiful Female Athletes in the World Click Here Undo Among the deceased were eight men and two women, they added. The injured persons, including six children, were admitted to the Burdwan Medical College and Hospital, officials said. Live Events "There were 45 people on the luxury bus. Efforts are being made to contact their families," an official said. "The pilgrims began their journey from Motihari on August 8. They first visited Deoghar and then went to Gangasagar," he said. A statement issued by the Bihar government said, "The CM has expressed condolences over the casualties in the road accident that took place on the roadside in Burdwan. He is deeply saddened by the deaths of Bihar natives in the incident, and announced ex gratia of Rs 2 lakh each for the immediate family members of the deceased." Besides, the CM also announced Rs 50,000 as compensation for each injured passenger. The CM has also directed the officials to remain in touch with their counterparts in West Bengal and ensure proper treatment for the injured persons. He also asked officials to ensure that bodies of deceased hailing from the state reach their native place in East Champaran, it said.
