New Delhi: Delhi Lieutenant Governor (LG) VK Saxena has given the go-ahead to file an appeal in the Supreme Court against the Delhi High Court judgement acquitting six accused in a 1984 anti-Sikh riots case.
The LG slammed the Prosecution Department of the Government of the National Capital Territory of Delhi (GNCTD) for the callous delay in the matter, a press note issued by the LG's office stated.
The case pertains to an attempt to murder, looting and rioting during the riots in Saraswati Vihar Police Station (now Subhash Place) area in North West Delhi, involving six accused, namely Hari Lal, Mangal, Dharampal, Azad, Om Prakash and Abdul Habib.
The LG approved the proposal of the Home Department, GNCTD for filing of the Special Leave Petition (SLP) in the apex court against the July 10 judgment of the High Court, which dismissed the government's appeal against the trial court verdict acquitting all the accused.
The High Court had said that there was no explanation for the inordinate delay of 28 years in filing the appeal against the trial court verdict of March 28, 1995 and that the grounds taken by the state were not justifiable, the press note said.
In a similar case, the LG had earlier accorded approval for filing an SLP in the Supreme Court against the acquittal of 12 persons in another anti-Sikh riots case registered at Police Station Nangloi.
After going through the chronology of litigation in the present case, the LG noted that though approval for filing an appeal before the Delhi High Court was accorded in December 2020, the appeal was filed in 2023, after a delay of more than two years.
Saxena observed that it is a matter of grave concern that such cases of crimes against humanity are dealt with in a very casual and routine manner, leading to inordinate delay in filing an appeal.
He said inordinate or avoidable delays in such cases should be viewed seriously and stringent action needs to be taken against the delinquent officers and officials.
The LG directed the Home Department, GNCTD, to identify and fix the responsibility of the erring official responsible for causing delay in filing an appeal before the Delhi High Court in this case and submit the report positively within seven days.
While seeking LG's nod for filing the SLP, it was pointed out that the Supreme Court, vide order dated January 11, 2018 in Writ Petition (Crl) Number 9/2016 titled "S Gurlad Singh Kahlon Vs Union of India and Others," directed to constitute SIT for further investigation in respect of 186 cases related to 1984 anti-Sikh riots, and the instant case was a part of these 186 cases, the press note stated.
In compliance with this order, a Special Investigation Team, comprising Justice (Retd.) SN Dhingra and Sh. Abhishek, IPS Officer, was constituted to examine the matter related to 1984 Anti Sikh riots cases vide notification dated February 9, 2018.
The SIT submitted its report on April 15, 2019 saying that the present case was a fit case where prosecution should have gone in appeal immediately after the judgment. The SIT further recommended that an appeal with an application of condonation of delay may be filed.
Consequent upon the approval of the LG in December 2020 for filing of appeal in this case in the High Court, the appeal was filed in 2023. The reasons for the delay of more than two years after the approval of LG for filing the appeal in this case were not elucidated, the press note stated. (ANI)
