The Delhi High Court has declined to condone a 27-year delay in the state’s appeal against the acquittal of three individuals in a case related to the 1984 Sikh riots. The decision was announced on October 21 by a bench consisting of Justices Prathiba M Singh and Amit Sharma, who cited the lengthy postponement in filing the appeal as the primary reason for dismissal.
The case in question dates back to the immediate aftermath of the assassination of then Prime Minister Indira Gandhi by her Sikh security guards on October 31, 1984, which triggered widespread rioting and violence against Sikhs in Delhi, resulting in significant loss of life and property. The three accused were originally acquitted by a trial court on July 29, 1995, in charges related to murder and rioting during these riots.
The prosecution had requested the court to condone a delay of 10,165 days in filing an appeal against this acquittal. They argued that the appeal was delayed because the Justice S N Dhingra Committee, formed in December 2018, took time to review the cases and only released its findings in April 2019. Following the committee’s report, the prosecution conducted internal reviews which led to the decision to file appeals.*
However, the Delhi High Court bench referred to precedents set by similar cases and upheld by the Supreme Court, determining that the extensive delay could not be justified or condoned. “Considering the long delay and the decisions of the coordinate bench in similar cases, upheld by the Supreme Court, the delay is not liable to be condoned. Thus, leave (to appeal) is not liable to be granted,” the bench stated in its ruling.
