HC orders retrial for 5 cases

The Delhi High Court on Wednesday issued notices to the accused in five different cases relating to 1984 anti-Sikh riots, asking them why the cases against them should not be re-opened.

The Court set aside a 1986 judgment in which five cases pertaining to anti-Sikh rioting were closed.

The trial court records were placed before the high court by the CBI during the hearing of another 1984 riot case, in which the acquittal of Congress leader Sajjan Kumar has been challenged by the probe agency.

Terming the judgment as delivered hurriedly, the bench headed by Justice Geeta Mittal also directed the Delhi police to trace the complainants and to serve notices asking them to appear before the court by April 20.

"Neither the witnesses nor the complainants were examined by the trial court and the matter was decided in a hurry" the bench headed by Justice Geeta Mittal observed. The bench also issued notice to the accused in the cases in which all of them had been acquitted in 1986. Those issued notice include ex-Councillor Balwan Khokkar, former MLA Mahender Yadav and Ved Prakash.

Reacting to the judgement, Leader of Opposition, Punjab Vidhan Sabha, H S Phoolka has reportedly said the court decision is a big step towards justice as while delivering the earlier judgment the then judge had ignored the eyewitness.

H S Phoolka has reportedly said that the 1986 decision acquitting five accused including Sajjan Kumar was wrong. Phoolka said that his daughter Prabh Sahai Kaur appeared on behalf of the victims.

"This is the biggest development in the 1984 anti-Sikh riots issue. The controversial judgment has been set aside as the eyewitnesses (widows of the victims) were hot examined.

The judgment has been set aside by Justide Geeta Mittal bench, which has also appointed an amicus-curiae and has re-opened all the cases. The court will now monitor the case itself," Phoolka told.

The court directed the Central Bureau of Investigation to trace the complainants and serve them notice to appear before the court on April 20.The court took suo motu cognisance of the five cases, observing that key eyewitnesses were not examined and cases were closed "very rapidly" without proper investigation and trial. The death cases pertain to Sultanpur and Delhi Cantt areas.