Anti-Sikh riots: HC seeks accused response over re-opening of five cases

The Delhi High Court on Wednesday issued notices to the accused in five different cases relating to the 1984 anti-Sikh riots, asking them why the cases against them should not be re-opened.

The bench of Justice Gita Mittal and Justice Anu Malhotra issued notices to the accused in the cases in which all of them had been acquitted in 1986.

Those issued notice include ex-Councillor Balwan Khokkar, former MLA Mahender Yadav and Ved Prakash.

The court directed the Central Bureau of Investigation (CBI) to trace the complainants and serve them notice to appear before the court on April 20.

The court issue notice to the accused persons as well as the state government, asking them to reply why the judgments of 1986 in five different cases be not set aside and a retrial or fresh trial be directed by this court in exercise of its revisional powers.

The court also sought reply on a fresh and further investigation into the complaint of five complainants -- Jagir Kaur on November 18, 1984, Swaran Kaur on November 19, Baljit Kaur on November 4 and Sampuran Kaur and Daljit Kaur on November 15, 1984 -- on which the five cases are based.

The court asked the accused as well as the state government to reply on reopening and a fresh probe by an independent agency as the CBI.

The court took suo motu cognisance 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 court judgements passed in 1986 in the five cases.

Interestingly, the five cases came to the knowledge of the court after they were cited by the appellants to buttress their arguments.

The trial court records were placed before the high court by the CBI during the hearing of another 1984 riot case, in which the acquittal of Congress leader Sajjan Kumar has been challenged by the investigation agency.

"Prima facie the judgments reflect a very perfunctory and hasty disposal of the cases, which has deeply troubled our judicial conscience," the court said.

"Would it be permissible for this court to shut its eyes in the matter or does the available statutory regime and law make available any possible option for intervention at this stage?"

The court said: "We are conscious that no order adverse to the interest of accused person (who stands acquitted) or a victim can be passed without hearing him/her or behind his/her back."

The court observed that to exercise judicial power, a prima facie view has to be recorded to ensure whether such intervention could be justified and appropriate.

These complaints related to killing of Sikh men and vandalising their property in the riots which erupted in the Raj Nagar area of Palam Colony at Delhi Cantt.

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

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

--IANS

akk/nir/bg