While dealing with five petitions connected to the 1984 anti-Sikh riots' case, initiated suo moto, the Delhi High Court on Monday highlighted lacunae in the investigation as well as in the conduct of the trial of three cases. The High Court has directed the trial court to reconstruct the records of three cases.
"Efforts are required to be made on a best endeavour basis to secure such records from any sources to enable this court to finally adjudicate the present Criminal Revision Petitions," the High Court said.
The trial court had acquitted all accused persons in 1986. These cases are connected with the anti sikh riots that took place in Raj Nagar area of Delhi Cantt in November 1984.
These five cases came into light during an appeal of the CBI against the acquittal of former MP Sajjan Kumar in another case of Raj Nagar.
The Division bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar highlighted, "Material on record further prima facie reveals several lacunae in the investigation as also the conduct of trials."
"A prima facie reading of the Judgment passed by the Trial Court indicates that the Judgments are not well considered," the bench said in the judgment passed on August 11.
The bench pointed out, "However, this court is not inclined to make any further comments on the tenability of the impugned Judgments at this juncture without having the benefit of perusing the records of the Sessions Cases."
The High Court has directed the trial court to make efforts to construct the records of those cases.
"Since the entire records are not available and without lacks vital documents, such as witnesses depositions, documents presented before the Learned Additional Sessions Judges and statements recorded under Section 161 of the CrPC, it would be impossible for this Court to proceed with further consideration of the present cases," the bench said.
While dealing with these petitions, the High Court expressed its concerns for those killed 1984 violence. The High Court noted that several crucial witnesses were not examined.
"Valuable lives were lost in the incidents which form the subject matter of the present cases. Several crucial witnesses, including eyewitnesses were not examined in Sessions Cases 31 and 32 of 1986 due to insufficient efforts to serve summons at addresses damaged or abandoned by witnesses in the aftermath of the incident," the bench noted in its judgements.
The High Court also pointed a finger at the manner in which the investigation was carried out by the investigation agency. It also emphasised the need to look into the matters.
It said, "A composite challan has been filed for several cases, prima facie reflecting a perfunctory investigation. Therefore, this court thinks that the matter cannot be left to rest at this juncture."
"The valuable rights of victims and the society at large to a free and fair investigation as well as a real trial cannot be allowed to be compromised as a result of 'fait accompli" (an accomplished fact), the High Court said.
It also said that it is inclined to follow the course as suggested by the top court in Abhai Raj Singh.
It has directed the jurisdictional trial court for reconstruction of the records of Sessions Case 10 of 1986, Sessions Case 31 of 1986 86 and Sessions Case 32/86.
The High Court said in the judgement that Several Commissions had been constituted to look into various aspects of the Sikh riots in 1984.
The court also referred to the CBI probe into the murders of five Sikh persons, namely Kehar Singh, Gurpreet Singh, Raghuvinder Singh, Narender Pal Singh and Kuldeep Singh, leading to the conviction of six accused persons named in that case. Appeals are pending before the Supreme Court in this case.
The high court further said that it is hopeful that records of Sessions Case 10/86, Sessions Case 31/86 and Sessions Case 32/86 may be available with the CBI, having been taken into consideration by it during the course of investigation.
The high court also said that the records of these three cases may also be available as part of the Trial Court Record in the said appeals, which may be available with the Registry of the top court, having been collected during investigation by the CBI.
Such records may also be available in the archives of the various Committees and commissions appointed from time to time, the high court said.
The high court has listed the matter for further hearing on September 1.
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