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84 anti-Sikh riots: SC refuses to stay proceedings in Delhi HC

Press Trust of India  |  New Delhi 

The Supreme today refused to stay the proceedings in 1984 anti-Sikh riots cases before the High which has issued show cause notices to 11 persons asking why they should not be re-tried.

Eleven persons including former councillor Balwan Khokhar and ex-Mahender Yadav have already been acquitted by a trial in five cases and the High Court, after perusing case files, on its own took note and issued show cause notices to them.


A bench of Chief Justice and Justices A M Khanwilkar and declined the plea of Yadav, saying it would not stay the proceedings before the high

The high had on March 29 issued notices to these 11 persons who had faced trial for various offences during the riots on November 1 and 2, 1984 in the Cantonment area and were acquitted later.

Aggrieved by the decision, Yadav moved the apex court, saying the high has no power to suo motu reopen trial in the cases in which he has been acquitted.

The high had sought the response of those acquitted as to why it should not order reinvestigation and retrial against them as they had faced allegations of "horrifying crimes against humanity".

The high had issued directions to "secure ends of justice" after perusing trial records regarding the acquittal of the accused in five different cases relating to the killing of Sikhs during the riots which broke out a day after the assassination of then prime minister Indira Gandhi on October 31, 1984.

The trial records were placed before the high by the CBI during the hearing of another 1984 riot case in which the acquittal of Congress leader Sajjan Kumar and punishment awarded to other convicts is under challenge by CBI, the riot victims and convicts.

The high court, in five separate verdicts, had expressed unhappiness over the failure of the prosecutors to assist the trial courts and said they had not ensured that truth is brought out and the guilty punished.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Fri, November 10 2017. 19:28 IST
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