On July 10, the Delhi High Court had rejected a plea filed by the State to condone a delay of 27 years and 335 days in filing an appeal against the acquittal order of the year 1995 of several people in a case related to anti-Sikh riots of 1984.
The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that if the prosecution or the complainant were aggrieved by the judgment of acquittal, there was nothing which prevented them from filing the appeal.
The bench observed that observed that “It was not disputed on behalf of the State that no further investigations have been carried out by the Investigating Agencies and no fresh material in respect of the alleged offences has been placed on record. There is no explanation as to why the State or the complainant did not file the appeal on the grounds that were available even at the time of acquittal,” the bench stated in the order.
The said case dates back to the year of 1984, when the then Prime Minister Indira Gandhi had been assassinated by her Sikh bodyguards, and an FIR had been filed at the Saraswati Vihar Police Station for the incidents of rioting, looting and killing of Sikh persons in the national capital in the months of October and November of the said year. The said FIR had been registered for offences under Sections 147 (Rioting), 148 (Rioting, armed with deadly weapon), 149 (unlawful assembly), 307 (attempt to commit murder), 436 (Mischief by fire or explosive substance with intent to destroy house), and 427 (Mischief causing damage) of Indian Penal code (IPC).
Notably, all the accused in the case were acquitted by the Sessions Court through an order dated March 28, 1995.
In the current hearing, the prosecution highlighted that a two-member Special Investigation Team (SIT), headed by former judge of the Delhi High Court Justice SN Dhingra and IPS Officer Abhishek Dular, appointed by the Supreme Court, had recommended in the year 2019 that an appeal may be filed in the said case. The said SIT was appointed to probe the 186 cases related to the 1984 anti-Sikh riots had also criticised the role of the police and other authorities in dealing with the cases.
However, the divisive bench held that even after the report of the SIT, there was a delay of about four years for which no cogent explanation has been given. It also noted that it recently dismissed three Criminal Leave Appeals, where the delay was less than 1000 days.
“The reason now been given is the findings by the SIT, but the SIT has also observed that the reason for disbelieving the witnesses on account of the delay of FIR was not correct. It is evident that the grounds of appeal which are now been agitated are purely on the merits of the case which existed even at the time of trial and consequent acquittal,” it added in the order.
It further observed that the reason now being cited is the findings by the Special Investigation Team (SIT). However, the SIT also observed that the reason for disbelieving the witnesses on account of the delay of FIR was not correct, the Court noted. This ground existed at the time of trial and acquittal, the Court pointed out.
“It is evident that the grounds of appeal which are now been agitated are purely on the merits of the case which existed even at the time of trial and consequent acquittal. No reason whatsoever has been given for explaining the delay of about 28 years. Pertinently, the Report was given by SIT on 15.04.2019 but even thereafter there is a delay of about four years for which no cogent explanation has been given,” the Court said.
The bench noted that there has been a delay of nearly 28 years in the present case and no explanation has been given for the same. The Court further held that grounds taken by the State were not justifiable either.
“In the present case, the delay is 27 years and 335 days and there is no explanation for this inordinate delay. Moreover, the grounds taken by the state are not justifiable. Therefore, we find no merit in the present application, and the same is hereby dismissed”.
Therefore, the Court dismissed the application seeking the condonation of delay as well as the leave petition.
The order can be read here:
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