New Delhi – In a landmark move aimed at delivering long-delayed justice, the Delhi High Court has directed the reconstruction of trial records in a nearly 40-year-old 1984 anti-Sikh riots case, stressing that the rights of victims and society to a fair investigation and trial cannot be undermined by missing files or flawed earlier proceedings.
The order concerns the 1986 acquittal of five men – including former Congress councillor Balwan Khokhar – in the killing of four Sikhs in Ghaziabad’s Raj Nagar on November 1, 1984, a day after Prime Minister Indira Gandhi’s assassination. Three women had alleged their husbands and son were burnt alive during the violence.
Court Finds Serious Gaps in Past Investigation
A bench of Justices Subramanian Prasad and Harish Vaidyanathan Shankar noted that available material, including composite challans and judgments, revealed “several lacunae” in both the investigation and trial. Crucial eyewitnesses were never examined because summons were sent to addresses destroyed or abandoned during the riots.
“A composite challan has been filed for several cases, prima facie reflecting a perfunctory investigation,” the court observed in its 66-page order. It ruled that the trial court must reconstruct the records of Sessions Cases 31 and 32 of 1986 before the High Court can assess whether the original acquittals were justified. The matter is set to be heard again on September 1.
A 1986 Verdict Under Scrutiny
The 1986 judgment, which acquitted Khokhar and four others due to lack of evidence, was never appealed by the state or victims. However, it has resurfaced as a key reference in appeals against the men’s later convictions in 2013 for murdering five Sikhs in the same locality.
The bench emphasized:
“The valuable rights of victims and the society at large to a free and fair investigation as also a real trial cannot be allowed to be compromised as a result of fait accompli.”
Arguments from Both Sides
-
HS Phoolka, senior advocate for the complainants, called the original investigation “thoroughly inadequate and sketchy” and pressed for a retrial.
-
Amicus curiae Siddharth Aggarwal said the court is obligated to reconstruct and examine trial records before ruling on the acquittal.
-
Khokhar’s counsel argued that a retrial without original records would violate his client’s right to a fair trial.
Compensation for Riot Victims
In a separate 26-page judgment, the same bench directed authorities to widely publicise government compensation schemes for the 1984 riot victims. It ordered that claims be verified within 16 weeks of receipt and payments be disbursed within two months thereafter.
