‘Rip Van Slumber Extended To More Than 27 Yrs’: Delhi HC Refuses To Condone Delay In Filing Appeal Against Acquittal In 1984 Anti-Sikh Riots Case

Invoking the famous American short story “Rip Van Winkle”, the Delhi High Court has refused to condone the delay of more than 27 years in filing of an appeal by the prosecution against the acquittal of various accused persons way back in 1995 in relation to the 1984 Anti-Sikh riots case.

“In the present case, Rip Van Winklian Slumber has extended to more than 27 years and there is no explanation for this inordinate delay and the grounds taken by the State are not justifiable. Therefore, we find no merit in the present application, and the same is hereby dismissed,” a division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said.

In the story, Rip Van Winkle is a Dutch-American villager who sleeps through the American Revolution. In this case, the prosecution claimed there was delay of about 274 days, but Court said the delay is in fact of more than 27 years for which there is no explanation worth a say.

The SIT, which was appointed by the Supreme Court in 2018, had submitted a report recommending that the appeal may be filed against the the acquittal order in the case. However, it was the prosecution’s case that the appeal could not be finalized due to the COVID-19 pandemic which resulted in further delay.

At the outset, the Court noted that the Report was given by SIT on 15.04.2019 but even thereafter it is claimed that there is a delay of about 274 days. The claim of delay of 274 days is also erroneous since the judgment of acquittal was penned in 1995, it said.

It noted that the prosecution did not dispute that no further probe was carried out by the Investigating Agencies and no fresh material in respect of the alleged offences was placed on record.

“There is no explanation as to why the State or the complainant did not file the appeal on the grounds that were available even at the time of acquittal. The reason now been given is the findings by the SIT, but the SIT has observed that the reason for disbelieving the witnesses on account of the delay of FIR, was not correct. It is evident that the grounds of appeal which are now been agitated are purely on the merits of the case which existed even at the time of trial and consequent acquittal,” the court observed.

The bench said the prosecution had erroneously claimed that the delay in filing the appeal was of 274 days, when in fact the same was of more than 27 years for which there was “absolutely no explanation.”

“In view of the order passed in CRL.M.A. 6197/2023, the present leave petition along with pending application, if any, is hereby dismissed,” the court said.

Title: THE STATE v. MAIKALE RAM & ORS.

Citation: 2023 LiveLaw (Del) 686

Click Here To Read Order