New Delhi, November 29: Cases pertaining to the 1984 anti-Sikh violence, looting and arson at Trilokpuri here indicate the way law and order machinery had broken down, the Delhi High Court said on Wednesday, while suggesting reforms in criminal law to deal with such matters.
Justice RK Gauba said the civil administration did not take timely or effective action to prevent the riotous conditions from spiralling out of hand, the criminal law process was slow and delayed, and it all led to such matters continuing to linger on in courts.
The court said this showed that “the response of the law has been tardy, ineffective and highly unsatisfactory”.
The observations by the High Court came while dismissing the 22-year-old appeals of 70 out of 89 persons convicted and awarded five-year jail term for rioting, looting and burning houses in Trilokpuri area here during the riots.
Of the remaining 19 persons, 16 died during the pendency of their appeals against the trial court’s August 27, 1996, decision.
The court also said that general criminal law was “proven ill-equipped” to deal with the challenge of such crimes of mammoth proportions, “particularly when they invariably are perceived to be engineered by those holding control over certain power centres”.
It further said that no meaningful thought has been spared till date to usher in reforms in the judicial process to effectively deal with the cases of communal riots “which are engineered, more often than not, by those who have clout or influence- of various kinds.”
The court said it needs to be noted again that after each event of communal riots, allegations of political influence having worked as the root cause or for protection of those responsible had surfaced.
The court suggested amending the Commissions of Inquiry Act, 1952, and the Protection of Human Rights Act, 1993, to entrust such bodies with the responsibility of taking note of cognisable offences committed in communal riots, investigate through special investigation teams (SITs) under their control and oversee prosecution through Special Public Prosecutor(s) engaged by them.
The Delhi HC on Wednesday asked the police to find out if cases were lodged in connection with 22 unidentified bodies of victims of the anti-Sikh riots and said the evidence should be re-examined for further action. The court noted in its verdict that prosecution in the Trilokpuri case covered only 73 homicidal deaths, whereas a total of 95 bodies were “gathered during the night of November 2-3, 1984”, as per the FIR. “It is likely that 22 homicidal deaths may not have seen any criminal action initiated against anyone. In the foregoing facts, this court directs the Commissioner of Police, Delhi, to have the material, and the evidence, in above nature, re-examined by an appropriate agency for further action under the criminal law as may be requisite,” the HC said.
Source Tribune India
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