'Genocide; Prima Facie Case Made Out': Allahabad High Court Refuses To Quash 1984 Kanpur Anti-Sikh Riot Cases

Describing the mass violence following the assassination of former Prime Minister Indira Gandhi as a 'genocide' and a 'crime against humanity', the Court said that delay in recording witness statements and the non-availability of original police records cannot be grounds to quash the proceedings.

A bench of Justice Anish Kumar Gupta thus dismissed a total of 7 connected applications filed by the accused seeking to quash the charge-sheets and entire criminal proceedings pending against them before the Chief Judicial Magistrate, Kanpur Nagar.

The common feature in all cases was that FIRs were lodged immediately after the incidents; however, in all cases, final reports were submitted exonerating all the accused.

Thereafter, the central Government appointed the Justice Nanavati Commission to enquire into the Anti-Sikh Riots Cases. Later, the Supreme Court appointed SIT to investigate the matters, and it was directed that the cases in which the FIR had been extracted be investigated and tried.

Pursuant to the aforesaid directions, the investigations have been carried out, witnesses were examined, and thereupon the Charge Sheets were filed against the applicants, whereupon the CMM took cognisance in all the cases.

Challenging the criminal proceedings, the applicants argued before the bench that since the original records (FIRs, final reports, postmortem reports, etc) of the case are not available, there could not be any effective trial.

It was further contended that witness statements recorded by the SIT between 2020 and 202 cast serious doubt on their identities and violated their right to a fair procedure under Article 21 of the Constitution.

One of the accused also raised a plea of alibi, claiming he was not present at the time of the incident.

On the other hand, the Additional Advocate General, Manish Goyal, strongly opposed the petitions, arguing that the Supreme Court had taken judicial notice of these crimes against humanity and deliberately constituted the SIT to reinvestigate the cases, despite knowing that the original records were missing.

He also submitted that, since the investigation has been carried out as per the directions of the Apex Court and, relying upon Article 144 of the Constitution of India, all civil and judicial authorities are bound to act in aid of the Supreme Court in the territory of India, including this Court.

He also relied on the Supreme Court's ruling in Sajjan Kumar vs CBI, wherein the trial court was directed to proceed with the trial, and it was held that the entire proceedings of the cases cannot be closed merely on the ground of delay.

The State also pointed out that since it was a heinous act against the community and the family members of the witnesses, which had a long imprint in the minds of the witnesses, they are able to depose categorically with regard to the incident.

Agreeing with the State's submissions, the High Court observed that the final reports in these matters were filed in a hurried manner to save the culprits, and it was an admitted fact that the original records had already either been weeded out or had been destroyed by the termites.

"…the incident in the instant case is part of larger chain of incidents which have taken place against the Sikh community throughout the country after the assassination of late Prime Minister Smt. Indira Gandhi. The nature of the incidents was like a genocide against a particular community in which various innocent persons were killed, ablazed alive, house and properties were burnt, destroyed and looted and such a large scale crime, committed against humanity gone unnoticed and in almost all such cases the final reports were submitted in a hurried manner to save various accused persons, who were involved in the incident", the bench remarked.

The single judge further noted that, fully aware of the non-availability of records, the Supreme Court had directed the reinvestigation of cases where FIRs could be reconstructed.

Taking into account the reconstructed FIRs and the categorical witness testimonies identifying the accused as part of the violent mob, the High Court concluded that a prima facie case was clearly made out against the applicants.

The bench also took into account the Apex Court's July 2025 order, wherein it had requested the High Court to take up the matters pertaining to Anti-Sikh riots out of turn and expeditiously.

Referring to the Sajjan Kumar case, Justice Gupta held that merely because a long time has passed since the incident, the proceedings cannot be quashed.

The Court further clarified that the defence of alibi pleaded by one of the accused must be proved during the trial court proceedings and cannot serve as a basis for quashing the case outright.

With these observations, the Allahabad High Court dismissed all the applications.

Senior Advocate Manish Tiwari, assisted by Advocates Pranav Tiwari, Ausim Luthra, Sri Anand Kumar Singh, Rajesh Kumar Nishad, Pradip Kumar Shukla, Anurag Mishra, Aravind Kumar Tripathi, and Atul Sharma, appeared for the applicants.

Additional Advocate General Manish Goyal, assisted by Additional Government Advocate Arvind Kumar, appeared for the State.