1984 riots: Delhi L-G gives nod for filing plea in SC against HC order

Delhi LG V K Saxena has given the go-ahead to the prosecution to file an appeal in the Supreme Court against the Delhi High Court judgment acquitting 12 murder accused in the 1984 anti-Sikh riots-related case in which eight persons were killed and one injured in Nangloi area of West Delhi, Raj Niwas officials said on Saturday.

The LG approved the proposal of the Home Department for filing the Special Leave Petition (SLP) in the Apex Court for assailing the August 9, 2023 judgment of the High Court by which the appeal against the trial court verdict acquitting all the accused was dismissed, it said.'

"The High Court said there was no explanation for the inordinate delay of 27 years in filing the appeal against the trial court verdict of April 29, 1995, and grounds taken by the State were not justifiable," the release added.

Saxena perused the file concerning the proposal to move the SLP which stated that the High Court had not taken into consideration the merits of the case and instead dismissed the appeal of the State only on the ground of inordinate delay in filing the appeal, the official said.

The statement added that it was pointed out that the Supreme Court vide order dated January 11 2018 in Writ Petition (Crl) No. 9/2016 titled "S Gurlad Singh Kahlon Vs Union of India & ors directed to constitute SIT for further investigation in respect of 186 cases related to 1984 Anti Sikh riots and the instant case was a part of these 186 cases.In compliance with the above-said order, a Special Investigation Team, comprising Justice (Retd) SN Dhingra and Abhishek, IPS Officer, was constituted to examine the matter related to 1984 Anti-Sikh riots cases vide notification dated February 9, 2018, as per the statement.

The SIT submitted its report dated April 15, 2019, that the present case was a fit case where the prosecution should have gone in appeal immediately after the judgment. "Further Committee recommended that an appeal with an application of condonation of delay may be filed," it said."Consequent upon the approval of the LG for filing of appeal in this case, the Directorate of Prosecution sent the file to the office of Standing Counsel. However, a Criminal Leave Petition was filed in the year 2023," it added.

The 12 accused persons in the case are Maikale Ram, Ramesh Chandra Sharma, Bishan Datt Sharma, Des Raj Goel, Anar Singh, Jagdish Prasad Sharma, Mahavir Singh, Balkishan, Dharampal, Om Pal Chauhan, Gyan Prakash and Ved Prakash.Those killed were Avtar Singh, Jagir Singh, Darshan Singh, Kulwant Singh, Baldev Singh, Sharvan Singh, Balwinder Singh and Harcharan Singh. One person named Dharmendra Singh was injured.

After the assassination of the then Prime Minister Indira Gandhi, horrendous incidents of rioting, looting and killing of Sikhs took place between October 31 and November 1984 in Delhi and one such incident took place in the morning of November 1 at Amar Colony, Nangloi where a group of accused persons along-with their associates, allegedly killed 8 persons and injured one person.

After the incident, relatives of the deceased persons appeared before the Justice Ranganath Mishra Commission of Inquiry and submitted their affidavits, on the basis of which FIR was registered.