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NDTV
12-08-2025
- Politics
- NDTV
Delhi High Court Orders Retrial In 1984 Anti-Sikh Riots Case
New Delhi: While dealing with five petitions connected to the 1984 anti-Sikh riots' case, initiated suo moto, the Delhi High Court on Monday highlighted lacunae in the investigation as well as in the conduct of the trial of three cases. The High Court has directed the trial court to reconstruct the records of three cases. "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," the High Court said. The trial court had acquitted all accused persons in 1986. These cases are connected with the anti sikh riots that took place in Raj Nagar area of Delhi Cantt in November 1984. These five cases came into light during an appeal of the CBI against the acquittal of former MP Sajjan Kumar in another case of Raj Nagar. The Division bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar highlighted, "Material on record further prima facie reveals several lacunae in the investigation as also the conduct of trials." "A prima facie reading of the Judgment passed by the Trial Court indicates that the Judgments are not well considered," the bench said in the judgment passed on August 11. The bench pointed out, "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 directed the trial court to make efforts to construct the records of those cases. "Since the entire records are not available and without 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," the bench said. While dealing with these petitions, the High Court expressed its concerns for those killed 1984 violence. The High Court noted that several crucial witnesses were not examined. "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 bench noted in its judgements. The High Court also pointed a finger at the manner in which the investigation was carried out by the investigation agency. It also emphasised the need to look into the matters. It said, "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 valuable rights of victims and the society at large to a free and fair investigation as well as a real trial cannot be allowed to be compromised as a result of 'fait accompli" (an accomplished fact), the High Court said. It also said that it is inclined to follow the course as suggested by the top court in Abhai Raj Singh. It has directed the jurisdictional trial court for reconstruction of the records of Sessions Case 10 of 1986, Sessions Case 31 of 1986 86 and Sessions Case 32/86. The High Court said in the judgement that Several Commissions had been constituted to look into various aspects of the Sikh riots in 1984. The court also referred to the CBI probe into the murders of five Sikh persons, namely Kehar Singh, Gurpreet Singh, Raghuvinder Singh, Narender Pal Singh and Kuldeep Singh, leading to the conviction of six accused persons named in that case. Appeals are pending before the Supreme Court in this case. The high court further said that it is hopeful that records of Sessions Case 10/86, Sessions Case 31/86 and Sessions Case 32/86 may be available with the CBI, having been taken into consideration by it during the course of investigation. The high court also said that the records of these three cases may also be available as part of the Trial Court Record in the said appeals, which may be available with the Registry of the top court, having been collected during investigation by the CBI. Such records may also be available in the archives of the various Committees and commissions appointed from time to time, the high court said. The high court has listed the matter for further hearing on September 1.
Hindustan Times
11-08-2025
- Politics
- Hindustan Times
Delhi HC orders reconstruction of 1984 anti-Sikh riots case records to ensure fair trial
The Delhi High Court has ordered the reconstruction of four-decade-old trial records in a 1984 anti-Sikh riots case, saying the victims' and society's right to a fair investigation and trial cannot be compromised by missing files or flawed earlier proceedings. The directive, issued to the trial court, concerns the acquittal of five men including former Congress councillor Balwan Khokhar in the killing of four Sikhs in Ghaziabad's Raj Nagar. The court said the available material revealed 'several lacunae' in both the investigation and trial. The murders took place on November 1, 1984, a day after then PM Indira Gandhi's assassination. Three women had alleged that their husbands and son were burnt alive. In 1986, the trial court acquitted Khokhar and four others, citing lack of evidence. Now, nearly 40 years later, a bench of justices Subramanian Prasad and Harish Vaidyanathan Shankar WHEN has acted on petitions challenging the correctness of that verdict. The bench had earlier observed that the 1986 judgment appeared 'unsustainable' and noted it was being relied on in appeals by Khokhar, Captain Bhagmal, Girdhari Lal, Mahender Yadav, and Krishan Khokhar against their 2013 conviction for murdering five Sikhs in the same locality. Neither the state nor the victims had appealed the 1986 acquittal at the time. The court said the available material -- composite challans and the final judgments -- revealed 'several lacunae' in both the investigation and trial. Key eyewitnesses were never examined because summons were sent to addresses destroyed or abandoned during the riots. 'A composite challan has been filed for several cases, prima facie reflecting a perfunctory investigation,' the court said in its 66-page order, adding that the matter 'cannot be left to rest at this juncture.' Citing Supreme Court precedent in Abhai Raj Singh, the bench ruled that the trial court must reconstruct the records of Sessions Cases 31 and 32 of 1986, and only then can the High Court assess whether the original acquittals can stand. The matter will be heard next on September 1. 'The valuable rights of victims and the society at large to a free and fair investigation as also a real trial cannot be allowed to be compromised as a result of fait accompli,' the court observed. Senior advocate HS Phoolka, appearing for the complainants, argued that the 1986 investigation and trial were 'thoroughly inadequate and sketchy' and urged that the matters be remanded for retrial. Amicus curiae Siddharth Aggarwal asserted that the court, before giving any findings into the correctness of the judgements passed by the additional sessions judges, was under a mandate to call for the records, examine the same and only then proceed ahead in the matter. He submitted that the trial court records had been weeded out and it was inappropriate for the court to proceed further with the matter without getting the records. Khokhar's counsel had asserted that ordering a re-trial or further investigation, when the records have been weeded out, would violate his client's right to free trial. In a separate 26-page judgment, the same bench directed the authorities to widely publicise the various government compensation schemes available for victims of the 1984 anti-Sikh riots. It further instructed them to verify victims' claims within 16 weeks of receiving them and to disburse the compensation within two months thereafter.
