The Delhi High Court on Friday issued a notice to the centre on a plea by a 1984 anti-Sikh riot convict that challenged the legality of Ministry of Home Affairs (MHA) order of setting up Special Investigation Team (SIT) to reinvestigate the case.
The division bench of Justice Sidharth Mridul and Justice IS Mehta had sought reply of MHA and posted the matter for September 30.
Petition by convict Yashpal Singh mentioned that the Executive cannot order re-investigation which can only be done on the Court's direction.
The Division Bench observed, "In view of the challenge mounted on behalf of Yashpal Singh to the legality and validity of the order dated February 12, 2015, issued by the Ministry of Home Affairs, Government of India, it is considered proper and necessary to issue notice to the Union of India through the Secretary, Ministry of Home Affairs, Government of India."
Yashpal Singh was sentenced to death by the trial court while life imprisonment was handed out to another co-convict Naresh Sherawat. The trial court had held that Singh's offence fell under the "rarest of rare" category warranting the death penalty.
The duo was convicted for killing Hardev Singh and Avtar Singh in Mahipalpur area of South Delhi on November 1, 1984, during the riots that had taken place after Indira Gandhi was assassinated at her residence by the two Sikh bodyguards a day before.
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