Was any case initiated on 22 unidentified bodies: HC

Says police, other probe agencies failed to ‘live up to the task’ in anti-Sikh riots trial

November 29, 2018 01:42 am | Updated 01:42 am IST - New Delhi

The Delhi High Court on Wednesday asked the Delhi Police to find out if any criminal case was initiated in connection with 22 unidentified bodies, out of a total of 95 bodies, of victims of the 1984 anti-Sikh riots in Capital’s Trilokpuri.

Justice R.K. Gauba said, “It is likely that 22 homicidal deaths may not have seen any criminal action initiated against anyone till date.”

Justice Gauba said that prosecutions in this case covered only 73 homicidal deaths, whereas a total of 95 bodies were “gathered during the night of November 2-3, 1984,” the FIR states.

The High Court noted that despite numerous documents in the nature of death and autopsy reports of the 22 bodies being part record of this case, no agency till date has “taken pains to examine” if any criminal action can be initiated against anyone.

‘Re-examine material’

“In the foregoing facts and circumstances, this court directs the Commissioner of Police, Delhi, to have the material, and the evidence, in above nature, re-examined by an appropriate agency for such further action under the criminal law as may be requisite,” the High Court said.

In its 79-page verdict upholding the conviction and five-year jail term of 70 convicts, Justice Gauba said the police did not promptly register the crimes and collect evidence and the other agencies, including the prosecution and the trial court, failed to “live up to the task.”

The High Court further pointed out that even the criminal prosecution initiated through the chargesheets which were submitted in December 1985, the question of charge could not come up for consideration till December 1995. “The trial judge, when he set about the task of consideration for framing of charge, found, upon the prosecution itself advising him to this effect, that the case as presented 10 years earlier suffered from the defect,” it said. The charges were eventually framed, after splitting up of the cases, in January 1996.

Justice Gauba remarked that “clearly, the investigating agency, and the prosecution agency had had no coordination between themselves.”

“The fact that the initial two charge sheets presented in December 1985 were prepared, also under the advice of the prosecution branch shows that the quality of the legal assistance availed of by the State was questionable,” it said.

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