Why in news?
The Delhi high court has recently reversed the acquittal charges by the trial court on the 1984 anti-Sikh riot convict.
What is the case?
- The case relates to killing of five Sikhs and burning down of a gurdwara in Raj Nagar area in south-west Delhi on 1 and 2 November 1984.
- This has happened at the backdrop of a riot that broke out following the assassination of then Prime Minister Indira Gandhi on 31 October of that year.
- Thousands of people were killed in the riots.
- Six accused, including Sajjan Kumar, who was a member of Parliament at that time, were tried in 2010.
- Three years later, the lower court had convicted five of the accused but acquitted Kumar of all the charges.
- The trial court had rejected the testimony of eye witnesses against him.
- The case was appealed by the CBI, riots victims and the convicts challenging the trial court’s order.
- The Delhi High Court reversed the acquittal and sentenced Kumar to imprisonment for the remainder of his life.
- The court accused him of promoting enmity and for acts against communal harmony.
- It has also said that the riots were a “crime against humanity”.
What are the concerns?
- The court says that the Delhi Police and its Riot Cell had failed to carry out a genuine investigation.
- The police have failed to record any untoward incident in the station’s daily register and has also avoided the examination of key witnesses.
- Thus this case is an example not only of the slowness of judicial processes but also of derailed investigations.
- The investigation made meaningful progress only after it has been transferred to CBI based on a recommendation by the Nanavati Commission.
What should be done?
- The Delhi high court has heard testimonies of fearless and truthful witnesses and has proceeded the case accordingly, reigniting the hope for substantial justice.
- The judgement reinforce the hope that political patronage, administrative complicity and plain muscle power cannot prevail over the truth all the time.
- However, the court has flagged the need for a separate law for punishment for crimes against humanity and genocide, since they are rarely invoked in domestic crimes.
- Thus, given the major communal flashpoints in recent history, the legislature should look at the need for it and implement accordingly.
Source: The Hindu
