1984 Anti-Sikh Riots Case: Delhi High Court Flags Shortcomings In Murder Trial Of 3 Sikh Men, Directs Reconstruction Of Records

The Delhi High Court on Monday found flaws in the investigation and subsequent trial conducted into the killings of three Sikh men in Delhi NCR region, following assasination of former Prime Minister Indira Gandhi.“Material on record also prima facie indicates that apart from shoddy investigation of the cases,even during the course of trial, the Ld. Additional Sessions Judges hardly took any steps to ensure the presence of crucial witnesses, including persons who had witnessed the incident,” observed a division bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar.The accused in the three Sessions Cases, viz., Sessions Case 31/86, Sessions Case 32/86 and Sessions Case 10/86 were acquitted back in 1986.The High Court however came across gaps in the acquittal, while dealing with CBI's appeal against acquittal of former MP Sajjan Singh in another case.“Several crucial witnesses, including eyewitnesses to the incident were not examined…on account of insufficient efforts to secure their presence…A composite challan has been filed for several cases prima facie reflecting a perfunctory investigation…A prima facie reading of the Judgment passed by the Trial Court indicates that the Judgments are not well considered,” the High Court said.It had thus initiated suo moto revision in the three cases. During the proceedings, it found that records pertaining to the three cases had been destroyed / weeded out. While some steps for tracing out the records were undertaken by the Court, as on date, only the composite Chargesheet and final Judgments passed in the cases are available.The Court said that in the absence of documents such as the deposition of witnesses, documents exhibited before the Sessions Court, statements recorded under Section 161 of the CrPC etc., it would be impossible to proceed further with the revision.As such, the Court directed the jurisdictional Trial Court to reconstruct the records of the three cases.“Valuable lives have been lost in the incidents…The valuable rights of victims and the society at large to a free and fair investigation as also a real trial cannot be allowed to be compromised as a result of fait accompli,” it remarked.Court said since several Commissions had been constituted to look into various aspects of the Sikh riots in 1984 and since the CBI had also investigated into the larger conspiracy resulting in the incident, it had “hopes that records of Sessions Case 10/86, Sessions Case 31/86 and Sessions Case 32/86 may be available with the CBI…Such records may also be available in the archives of the various Committees/Commissions appointed from time-to-time.”In the event such records are not available with the CBI or with the various Commissions, the Court said, assistance of lawyers who conducted Sessions Cases 10/86, 31/86 & 32/86 may be taken, including Public Prosecutors, Defence Counsel and other assisting counsel.The matter is next listed on September 01.Appearance: Mr. Siddharth Aggarwal, Senior Advocate (Amicus Curiae) with Mr.Vishwajeet Singh, Mr. Karan Dhalla and Mr. Japman Singh, Advocates for Petitioner; Mr. Rakesh Vatsa, Mr. Jeetin Jhala, Mr. Shakunt Jhala, Ms. Reenila Jhala, Advocates for Respondent/Balwan Khokhar. Mr. Laksh Khanna, Advocate for the State. Mr. H. S. Phoolka, Sr. Advocate with Mr. Gurbaksh Singh, Ms. Surpreet Kaurand Ms. Kamna Vohra, Advocates for Complainant. Ms. Tarannum Cheema, Mr. Akash Singh and Mr. Akshay N., Advs. for CBI.Case title: Court On Its Own Motion v. Dhanraj & OrsCitation: 2025 LiveLaw (Del) 960Case no.: CRL.REV.P. 245/2017Click here to read order

1984 Anti-Sikh Riots Case: Delhi High Court Flags Shortcomings In Murder Trial Of 3 Sikh Men, Directs Reconstruction Of Records

Kapil Dhyani

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