Sikh Riots: Convictions Only In 39 Cases

New Delhi: An affidavit submitted by the anti-Sikh riots cell in the Supreme Court revealed that 650 cases were registered by Delhi Police , for which chargesheets were filed in 362 cases. However, only in 39 cases were 442 individuals convicted of various crimes. The bench of justices Abhay S Oka and Ujjal Bhuyan received the affidavit filed by deputy commissioner of police Sanjay Kumar on Feb 7 while hearing a public interest litigation filed by former Shiromani Gurdwara Parbandhak Committee member Gurlad Singh Kahlon. Earlier, the apex court had, on Kahlon's petition, constituted a special investigation team headed by justice SN Dhingra (retd) to investigate 186 cases related to the 1984 anti-Sikh violence . Of the 650 cases filed, the courts acquitted the accused in 323, while 267 cases were deemed to be ‘untraced'. Only 266 cases were accepted by the courts. The affidavit also said that some incidents of murder and gang rapes were never investigated, charges in 51 murders were not framed and three FIRs had been filed for 48 murders. The affidavit noted that the high court did not entertain appeals filed by the cops against the acquittals. The police affidavit says appeals were filed in eight cases and all of them were dismissed by Delhi High Court on the ground of delayed submission. Four appeals are pending in the high court, while six appeals filed against the dismissal of appeals by that court are pending in the Supreme Court. Regarding an FIR registered in Delhi Cantonment, the absconding pair accused of murdering two men were declared proclaimed offenders but did not face any trial for the murders. In this case too, according to the affidavit, the appeal was filed in a perfunctory manner and the reasons for the committee recommending the filing of the appeal were not brought to the notice of the court. "The witnesses directed by the prosecution were not produced. Not only was the trial a sham, but even the appeal was perfunctory. The high court did not consider the peculiar facts and dismissed the appeal on the ground that an earlier appeal of a different police station was dismissed. The appeal was not filed formally and also proper facts were presented before the hon'ble Delhi High Court but it was dismissed on the ground of delay," claims the affidavit. As for allegations that station house officer Shurvir Singh Tyagi confiscated the licensed firearms of some Sikhs before gesturing to the mob to attack them and that he had arrested Sikhs, but not a single rioter, the affidavit said, because of the lapse of time, disciplinary proceedings could not be started against him. Senior advocate HS Phoolka, who is representing Kahlon in his case, told TOI, "The affidavit shows the state of the cases related to the 1984 riots. Justice does not come easy. We will fight for justice with ever