HC disapproves of trial court's lenient manner in 1984 anti-Sikh riot case

The Delhi High Court on Wednesday disapproved of the "lenient" manner in which the trial court had dealt with a case of 1984 anti-Sikh riots at Trilokpuri here, and said it did not proceed with "the promptitude it deserved".

Justice R K Gauba also said that in this matter, the police did not promptly register the crimes and collect evidence and the other agencies, including the prosecution and the trial court, "failed to rise to the occasion".

"...the manner in which the case was handled, or lingered, at the stage of committal proceedings before the magistrate, was designed to ensure the case would not proceed with the promptitude it deserved," the judge said.

The high court said the trial court's order committing the case "lacked clarity" as to why no case for a graver offence, like murder, was made out as a large number of persons had died in the violence committed by the rioters.

The observation by the high court came while dismissing the 22-year-old appeals of 70 out of 89 persons convicted and awarded five-year jail term for rioting, looting and burning houses in Trilokpuri area here during the 1984 anti-Sikh riots.

Of the remaining 19 people, 16 died during the pendency of their appeals against the trial court's August 27, 1996 decision.

The appeals of the three others were dismissed after they absconded, the high court noted in its judgement.

It said despite the extensive damage that was caused by the convicts to a large number of houses or other properties of Sikh community by fire, the trial court had taken a lenient view, therefore, it was not modifying the sentence.

The riots, in which nearly 3,000 people were killed, had broken out following the assassination of the then Prime Minister Indira Gandhi by her two Sikh bodyguards.