1984 Anti-Sikh Riots : Supreme Court Criticises Allahabad HC For Staying Trial Of 3 Cases, Directs To Expedite Hearing

The Supreme Court today expressed dismay over Allahabad High Court staying trial proceedings in 3 out of 11 cases pertaining to the 1984 Anti-Sikh Riots, where proceedings commenced pursuant to re-investigation and filing of chargesheets by a Special Investigation Team.

While calling on the UP Advocate General to deploy "best of the state law officers" to pursue the cases, the Court requested the High Court to take up the matters out of turn and expeditiously.

"What really bothers is that in 11 cases where trials commenced pursuant to chargesheets filed by SIT, such trials have been stayed by High Court in 3 cases. While we do not wish to impact the right of a suspect/accused to avail his/her remedy, including of quashing of chargesheet, all that we request the High Court is to take up these matters out of turn and expeditiously for their adjudication in accordance with law", observed a bench of Justices Surya Kant and Joymalya Bagchi.

The Court further noted that the conclusion of trials in these cases is likely to take some reasonable time, during which availability of witnesses can become difficult.

"it is only with repeated efforts made by this Court that the investigations were revived, SIT was constituted and chargesheets have now been filed...judicial notice of the fact that conclusion of trial will take some reasonable time...most importantly, availability of witnesses, with passage of time, becomes a difficult task."

The order was passed after the Court went through a compliance report filed by State of UP, which revealed that contents of one of the FIRs (dated 09.11.1984) could not be recovered even by CFSL. The report received from CFSL mentioned that except some sections, all other contents of the FIR were fragmented.

Considering its previous orders and the CFSL report, the Court was satisfied that no other action could be taken at this stage. However, it added that as and when, agencies are able to find a duplicate copy, etc. of the FIR, it should be brought to the Court's notice.

So far as the 4 appeals filed before the High Court challenging acquittal of the accused, the Court noted from the status report that the appeals were being actively pursued for being heard on merits. That being so, the Court impressed upon the UP Advocate General to deploy "best of the state law officers" having requisite expertise.

In April as well, when it was pointed out to the Court that the High Court had stayed proceedings in 2 of the cases, no express opinion was recorded. However, the top Court directed the State of UP to enter appearance in the cases and take all necessary steps to assist the High Court in their early final disposal. The Court also said that it had no reason to doubt that the High Court would conduct the cases expeditiously and take them up "out of turn".

Appearance: Advocate Jagjit Singh Chabra (for petitioners); Advocate Ruchira Goel (for State of UP)

Case Title: DELHI SIKH GURDWARA MANAGEMENT COMMITTEE (PETITIONER NO. 01) AND ANR. Versus UNION OF INDIA AND ANR., W.P.(Crl.) No. 45/2017