Anti-Sikh riots: Four decades on, just 12 murder cases have ended in conviction

One specified committee was the G T Nanavati Commission, acceptable up successful 2005 by the Atal Bihari Vajpayee-led NDA government. According to its report, 587 FIRs were registered successful Delhi successful narration to the riots.

While 241 of these person been filed arsenic untraced, 253 ended successful acquittal. Of the remaining, 40 FIRs are pending proceedings and 1 is pending investigation. Eleven FIRs person been quashed, and successful 11 different FIRs, the accused person been discharged. Three cases person been withdrawn.

To date, conscionable 27 cases person ended successful convictions. Of these, conscionable 12 are convictions successful execution cases.

About a 5th of these FIRs (108) were lodged successful South Delhi. Another 98 and 96 were filed successful East and Northeast Delhi respectively. West and Northwest Delhi some had 66 FIRs each. North Delhi and Central Delhi had 39 and 46 FIRs registered respectively. Another 51 were registered successful Southwest Delhi. Just 10 FIRs were registered successful New Delhi. Seven different cases were registered nether ‘crime and railways’.

“The crushed for the dilatory advancement successful cases is that the full strategy was shielding the accused… each those who followed orders were protected…,” claimed Phoolka.
Similarly, an SIT was constituted by the MHA connected February 12, 2015, aft the Centre asked erstwhile Supreme Court judge, Justice G P Mathur, to analyse the anticipation of constituting an SIT to re-investigate the 1984 cases.

The extremity of the SIT was to “re-investigate appropriately” “serious” transgression cases that had been filed successful Delhi but were closed. Following this, 293 cases that had been closed, and for which untraced reports were filed, were scrutinised. After going done lawsuit records for months, the SIT closed 199 cases chiefly due to the fact that of “incomplete, illegible” records oregon deficiency of witnesses.

In 60 cases, the SIT launched a preliminary enquiry. Of these, 52 ended successful closures owed to a deficiency of grounds oregon witnesses. Police filed a chargesheet successful 5 of the remaining 8 cases. In 1 lawsuit which was going connected successful Rohini court, the accused was acquitted — an entreaty against this is pending successful the Delhi High Court. Another lawsuit is pending successful Karkardooma court.

Phoolka said that astir 20 cases related to the riots are pending crossed Delhi courts. Three are pending against erstwhile Congress MP Sajjan Kumar successful Rouse Avenue court, 2 appeals against his acquittals are pending successful the HC, and 1 entreaty against his condemnation successful 1 lawsuit is pending successful the SC.

Kumar is presently lodged successful Tihar Jail aft helium was sentenced to beingness imprisonment by the HC successful 2018 successful a lawsuit related to the sidesplitting of 5 Sikhs astatine Raj Nagar Part I successful Palam Colony connected November 1-2, 1984, and the burning down of a gurdwara successful Raj Nagar Part II.

On August 30 this year, Judge Rakesh Syal of Rouse Avenue tribunal ordered the framing of charges against Congress person Jagdish Tytler nether IPC sections 302 (murder), 109 (abetment), 147 (rioting), 153A (promoting enmity betwixt groups) and 143 (unlawful assembly) for the sidesplitting of 3 Sikhs during the riots adjacent Pul Bangash Gurdwara. The proceedings successful this lawsuit has begun and Tytler has moved a petition successful the HC against the charges.

“It is indispensable that each idiosyncratic successful powerfulness has the fearfulness of law… their powerfulness should not marque them consciousness that they’re supra the law,” said Phoolka.

In different lawsuit wherever 2 accused were convicted – 1 got a decease condemnation and the different beingness imprisonment – appeals filed by them are pending earlier the HC.

In 2017, the HC issued show-cause notices to accused persons successful 5 cases linked to the anti-Sikh riots, asking them wherefore the cases against them should not beryllium re-tried. The tribunal had acceptable speech a 1986 judgement successful which cases pertaining to the riots were closed.