Delhi HC orders re-trial in five 1984 anti-Sikh riot cases, showcause notice to accused
The Delhi High Court on Wednesday ordered re-trial in five 1984 anti-Sikh riots cases in which all the accused were acquitted in 1986.
New Delhi: The Delhi High Court on Wednesday ordered re-trial in five 1984 anti-Sikh riots cases in which all the accused were acquitted in 1986. A bench of Justices Gita Mittal and Anu Malhotra also issued showcause notices to all the accused asking why the case against them be not re-tried. The suo motu directions to reopen the cases were issued after perusing the trial court records regarding the acquittal in those cases.
The trial court records were placed before the high court by the CBI during hearing of another 1984 riot case in which the acquittal of Congress leader Sajjan Kumar has been challenged by the agency. While going through the records, the bench observed that neither the witnesses nor the complainant were examined properly by the trial courts and the matter was decided in a "hurry".
It directed Delhi Police to investigate the matter and fixed the matter for 20 April, asking the complainants to appear before the court. The bench issued notice to various accused, including ex-councillor Balwan Khokkar, former MLA Mahender Yadav and Ved Prakash. It noted that in some cases complaintants were not issued summons and in the rest, the summons were sent to the addresses where houses were burnt during riots and therefore, could not be served.
The riots broke out on 1 November, 1984 after the assassination of then prime minister Indira Gandhi.
Nobody imagined Congress leaders will get convicted in 1984 Sikh massacre and victims will get justice, says Narendra Modi
Narendra Modi's remarks came a day after senior Congress leader Sajjan Kumar was convicted and sentenced to life term for "remainder of his natural life" in a 1984 anti-Sikh riots case by the Delhi High Court
The verdict left senior Supreme Court advocate HS Phoolka, who has been fighting a tireless battle on behalf of the victims, completely stunned. He left without speaking to the media.
Vishwendra Singh, the then deputy secretary (Home) of Delhi government, submitted an affidavit before district judge J R Aryan seeking "privilege" for not producing the complete file containing the official notings.