Anti-Sikh riots: 4 weeks for court to report on records
New Delhi, Sept. 2 -- The Delhi high court on Monday granted the trial court handling the 1984 anti-Sikh riots cases four weeks to submit its report on the reconstruction of four-decade-old records on the acquittal of five men, including former Congress councillor Balwan Khokhar. The five men were acquitted in the murder of four Sikhs in Ghaziabad's Raj Nagar. The murders took place on November 1, 1984, a day after then Prime Minister Indira Gandhi's assassination. Three women had alleged that their husbands and son were burnt alive. In 1986, the trial court acquitted Khokhar and four others, citing lack of evidence.
The direction was issued after a bench comprising justices Subramonium Prasad and Harish Vaidyanathan Shankar was informed that the trial court had not yet submitted the detailed status report, in compliance with the August 11 order.
The high court had directed the trial court to promptly reconstruct the records and file a report, before it could take a call on ordering a retrial or further probe, saying the victims and society's right to a fair investigation and trial could not be compromised by missing files or flawed earlier proceedings. The CBI counsel had submitted that the agency was in the process of preparing a compilation of the documents that it had.
"On August 11, this court had directed the trial court to furnish a detailed report regarding the status of reconstruction of the records. The report has not yet been received from the trial court. The trial court is requested to file the report within a period of four weeks from today. A copy of this order will be transferred to district judge, headquarters, along with the previous orders," the court said, setting October 10 as the next date of hearing.
The court was acting on the petitions challenging the correctness of the 1986 verdict.
The bench had earlier observed that the 1986 judgment appeared "unsustainable" and noted it was being relied on in appeals by Khokhar, Captain Bhagmal, Girdhari Lal, Mahender Yadav, and Krishan Khokhar against their 2013 conviction for murdering five Sikhs in the same locality. Neither the state nor the victims had appealed the 1986 acquittal at the time.
The court, in its 66-page order delivered on August 8, had said the available material - composite challans and the final judgments - revealed "several lacunae" in both the investigation and trial. Key eyewitnesses were never examined because summons were sent to addresses destroyed or abandoned during the riots....
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