In a key observation in the matter while studying details minutely, Delhi High Court has ordered a retrial in a 1984 anti-Sikh riots case related to the killing of a man in Ghaziabad's Raj Nagar area, saying if a fair investigation and trial is not provided in the matter, it "may result in a loss of hope in our legal system and compromise the interests of society".
More than 40 years after the 1984 anti-Sikh riots followed Prime Minister Indira Gandhi's assassination, resulting in brutal killings where the accused walked free, Delhi High Court on Monday ordered retrial in one of the cases. In three other acquittals, HC asked the trial court to "reconstruct" the case records as vital documents, including deposition of witnesses and their statements, are missing.
A bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar passed the order on August 11, after taking cognisance of the matter on its own to determine the correctness of the 1986 verdict as it prima facie found fault in the investigation and the earlier proceedings conducted in a "hasty manner".
The bench observed that the trial court's erroneous decision resulted in "miscarriage of justice to the man's wife and children, and deprived them of their fundamental right to a fair trial, since the additional sessions judge committed several manifest errors of law".
"Efforts are required to be made on a best endeavour basis to secure such records from any sources to enable this court to finally adjudicate the present Criminal Revision Petitions," the High Court said.
"These errors have resulted in miscarriage of justice which is evident from the fact that a grave offence of murder and arson with communal overtones has neither been investigated properly by the investigating agency nor tried in right stead by the additional sessions judge. Resultantly, the victims, including the wife and children of the deceased Harbhajan Singh, have been deprived of their valuable fundamental right under Article 21 to a fair investigation and trial which, if not rectified, may result in a loss of hope in our legal system and compromise the interests of society," the bench said.
The court said the Central Bureau of Investigation (CBI) failed to undertake sufficient efforts to collect evidence.
According to the prosecution, the victim's wife had alleged that certain people set her husband and her house on fire, resulting in his death.However, the trial court acquitted the four accused in May 1986 of the charges of arson and murder, saying there were contradictions between the woman's statements given to police and in court.The court had also pointed out the delay in filing the complaint.
In its order, the court noted that more than 40 years had passed since the incident and said it "undoubtedly falls within the category of an 'exceptional case', warranting setting aside the acquittal order passed in May 1986, and consequent direction for a retrial".
"We are cognisant of the fact that over 40 years have passed since the occurrence took place.
"We are of the opinion that the proceedings have been conducted in a hasty manner," the bench said, adding, "The failure of the investigating agency as also the additional sessions judge cannot inure to the benefit of the accused."
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