Business Standard

Delhi HC notice to CBI on reopening anti-Sikh riot cases

IANS  |  New Delhi 

The High on Thursday issued notice to the in five cases of the 1984 anti-Sikh riots, wherein the had earlier indicated that it was inclined to re-opening the trial.

Seeking the response from the Central Bureau of Investigation (CBI), a division bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra also issued production warrant for former councillor Balwan Singh Khokkar, one of the accused in three of these cases and currently lodged in the Tihar Central Jail here.

"There was nothing before the Sessions .. The had acquitted the accused after giving short date... this is what has caused us concern. There is no investigation at all. Trial was not properly conducted," the bench said, adding that the Police did not carry out proper investigation in these cases.

The said: "One of the eyewitnesses has surfaced. The person has elaborated on how the person was kept out of trial."

As earlier show-cause notices were not served on the accused, the bench on Thursday issued fresh notice to the accused, including former legislator Mahender Singh Yadav, as to why reinvestigation and retrial against them should not be ordered.

On March 29, the High issued the show-cause notices to the accused in five cases, asking them why the cases against them should not be re-opened.

The had termed the acquittal of all the accused by a trial here in 1986 as "shocking our judicial conscience".

The took suo motu cognizance of the five cases, observing that key eyewitnesses were not examined and cases were closed "very rapidly" without proper investigation and trial.

The bench passed this order after taking note of the trial judgments of 1986 in the five cases. Interestingly, the five cases came to the knowledge of the after they were cited by the appellants to buttress their arguments.

The trial records were placed before the High by the during the hearing of another 1984 riots case, in which the acquittal of Congress leader Sajjan Kumar has been challenged by the agency.

These complaints related to killing of Sikh men and destruction of their properties during the riots which erupted in the Raj Nagar area of Palam Colony in Cantt in November 1984 after the assassination of then Prime Minister Indira Gandhi.

Khokhar was tried in three cases, whereas Mahender Singh Yadav was accused in two cases.

The other accused are Ram Kumar, Dhanraj, Vidyanand, Dhanpat, Ved Parkash, Shiv Charan and Ramji Lal Sharma.



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First Published: Thu, April 20 2017. 20:46 IST