The Delhi High Court has raised serious questions about the functioning of investigative agencies and trial courts during the hearing of five cases related to the 1984 anti-Sikh riots. Key records were found missing in three cases, hindering the proceedings. The court has ordered their reconstruction and fixed the next hearing for September 1st.
Rajnagar: Taking suo moto cognizance, the Delhi High Court heard five cases related to the violence that occurred in the Rajnagar area of Delhi Cantt in November 1984. The court found that crucial documents and witness statements were missing in three cases, thereby affecting the judicial process. The court expressed its displeasure at the negligence of the investigative agencies and trial court and directed that records be gathered from the CBI, Supreme Court Registry, and various commissions to reconstruct them. Meanwhile, an appeal in one case is pending in the Supreme Court, and the next hearing will be on September 1st.
High Court's Strictness in 1984 Riot Cases
During the hearing of five cases related to the 1984 anti-Sikh riots, the Delhi High Court raised serious questions about the functioning of investigative agencies and trial courts. The court found that key records were missing in three of these cases, which is affecting the hearing. The court has ordered the trial court to make every possible effort to reconstruct these documents as soon as possible.
This hearing was initiated by the High Court taking suo moto cognizance. The cases are related to the violence that occurred in the Rajnagar area of Delhi Cantt in November 1984, in which many people lost their lives. The court termed the disappearance of records as serious negligence and said that it is causing delays in justice.
Accused Previously Acquitted
During the hearing, it was revealed that in three cases, the trial court had acquitted all the accused in 1986. Statements of eyewitnesses, investigation documents, and statements recorded under Section 161 of the CrPC are missing from the relevant files. The High Court clarified that further hearing is not possible with such incomplete records.
In addition, several important witnesses were not presented in two cases. The reason given was that their addresses were destroyed or they had left the area after the riots. The court expressed displeasure at this and said that sufficient efforts were not made to send summons to call the witnesses.
Questions on the Functioning of Investigative Agencies
The court also found that a composite challan was filed in several cases together, which indicates an incomplete investigation. The court said that the rights of the victims and society to a fair investigation and trial cannot be compromised under any circumstances.
The court expressed the possibility that the missing records of the three cases might be found in the CBI or the Supreme Court Registry. Also, they can be searched in the archives of various commissions and committees. The court directed all the concerned agencies to make coordinated efforts in searching for these documents.
