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Supreme Court Issues Notice in Six Appeals Challenging Acquittals in 1984 Anti-Sikh Riots Cases

7 May 2025 3:14 PM - By Vivek G.

Supreme Court Issues Notice in Six Appeals Challenging Acquittals in 1984 Anti-Sikh Riots Cases

The Supreme Court of India has issued notice in six Special Leave Petitions (SLPs) filed by the Delhi Police, challenging the acquittals of 14 accused individuals in cases connected to the 1984 anti-Sikh riots. The notice was issued by a bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan. The Court has directed the Registrar to provide a soft copy of the trial court’s record to the counsel representing the parties involved. The parties are also required to submit a compilation of notes of evidence. The Court has scheduled the matter for further hearing on July 21.

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The SLPs have been filed following a writ petition initiated in 2016 by S Gurlad Singh Kahlon. This petition had led the Supreme Court to constitute the Justice SN Dhingra Committee in 2018, which submitted its report in January 2020. The committee's report highlighted serious flaws in the investigation of several riot cases, suggesting that many cases had been derailed. It recommended, among other things, the filing of appeals against acquittals in cases where justice had not been adequately served.

The Delhi High Court had previously dismissed appeals against acquittals, citing significant delays in filing. The present six SLPs have been filed as a challenge to the High Court’s decision. During the hearing on February 10, 2025, the Supreme Court emphasized the need for the State to file appeals "earnestly and with seriousness." Justice Abhay S Oka remarked, “We are not on any particular outcome, but it must be pursued earnestly and with seriousness.”

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Additional Solicitor General (ASG) Aishwarya Bhati, representing the Delhi Police, informed the Court that the Justice SN Dhingra Committee had initially recommended the filing of eight SLPs. Of these, two SLPs were filed earlier but were dismissed, leaving six that have now been brought before the Supreme Court.

The bench further questioned whether senior counsel had been engaged in handling the earlier matters and expressed concerns that filing SLPs without a serious approach would be futile. Senior Advocate HS Phoolka, appearing for the petitioner, submitted that the appeals were filed "just as a formality."

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Phoolka further argued that a critical judgment by Justice Muralidhar of the Delhi High Court, which had identified a “great cover-up” in the investigation of the 1984 riots cases, was not presented before the High Court in the previous appeals. This judgment had pointed out serious lapses in the investigation, indicating that the State had failed to prosecute the cases effectively.

The petitioner also highlighted that in one specific murder case, charges were framed against only five out of 56 accused individuals, while the remaining 51 were discharged. The petitioner argued that the State must take action to frame charges against all accused individuals. It was also pointed out that in several cases of murder and gang-rape, trials never took place because closure reports were submitted by the investigating agencies, effectively ending the cases without proper legal proceedings.

In light of these issues, the Supreme Court decided that it would conduct a detailed hearing rather than addressing individual grievances in a fragmented manner. The matter is set for further consideration on July 21, 2025.

Case no. – WP (Crl) 9/2016

Case Title – S Gurlad Singh Kahlon v. Union of India