1984 Anti-Sikh Riots: Delhi High Court Refuses To Condone Delay In Filing Of Appeal Against Acquittal Of Accused In 1995

The Delhi High Court has dismissed an application seeking condonation of delay of about 28 years for filing an appeal against an acquittal order of 1995 in a case of anti-Sikh riots dating back to 1991.

The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that if the prosecution or the complainant were aggrieved by the judgment of acquittal, there was nothing which prevented them from filing the appeal.

However, the court said even after the report of the SIT, there was a delay of about four years for which no cogent explanation has been given. It also noted that it recently dismissed three Criminal Leave Appeals, where the delay was less than 1000 days.

"The reason now been given is the findings by the SIT, but the SIT has also 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," it added.

In 1991, the FIR was registered against several persons accused of rioting, looting, and killing of Sikhs under Section 147, 148, 149, 307, 436, 427 IPC at Saraswati Vihar Police Station. In 1995, after the conclusion of trial the accused persons were acquitted.

The court said the delay is of 27 years and 335 days and there is no explanation for this inordinate delay. "Moreover, the grounds taken by the State are not justifiable. Therefore, we find no merit in the present application, and the same is hereby dismissed," it added.

Case Title: State v. Hari Lal & Ors.

Citation: 2023 LiveLaw (Del) 587

Appearance: Tarang Srivastava, APP for State.

Click Here To Read/Download Judgment