The Supreme Court on Monday expressed dissatisfaction with the Delhi Police over its handling of the appeals process in the 1984 anti-Sikh riots cases, emphasizing that prosecution must be conducted earnestly, not merely as a formality. During the proceedings, a bench comprising Justices Abhay S Oka and Ujjal Bhuyan questioned the Additional Solicitor General Aishwarya Bhati, representing Delhi Police, regarding the absence of appeals against several acquittals.
The court highlighted the necessity for serious legal actions rather than perfunctory efforts, pointing out that the absence of Special Leave Petitions (SLPs) against the acquittals indicated a lackluster approach to seeking justice. “In a number of cases, you have not challenged the order passed by the Delhi High Court,” the bench noted. “Frankly speaking, filing SLPs doesn’t serve the purpose unless it is filed and prosecuted seriously.”
Senior Advocate HS Phoolka, representing petitioner S Gurlad Singh Kahlon, argued that the police’s appeals seemed to be mere formalities without substantial legal backing. He referenced a Delhi High Court judgment which criticized the state for its inadequate prosecution and alleged cover-up efforts. Phoolka requested permission to present these judgments on record to substantiate his claims.
During the hearing, ASG Bhati disclosed that letters had been written to initiate appeals in six cases of acquittal, suggesting some movement toward addressing past inactions. The bench scheduled the next hearing for February 17, where these issues are expected to be explored further.
This judicial scrutiny stems from a Public Interest Litigation (PIL) filed by Kahlon, a former member of the Shiromani Gurudwara Prabhandak Committee. In response to his plea, the Supreme Court in 2018 appointed an SIT led by Justice Dhingra to investigate 199 cases that had previously been closed.
The backdrop of this legal battle is the widespread violence against the Sikh community in Delhi following the assassination of then Prime Minister Indira Gandhi by her Sikh bodyguards in 1984. According to the Nanavati Commission report, out of 587 FIRs registered, 240 cases were closed as “untraced,” and about 250 resulted in acquittals. Notably, only in May 2023 did the CBI file a chargesheet against Congress leader Jagdish Tytler for his alleged role in inciting violence that led to the deaths of three people on November 1, 1984.
