SC Issues Notice on Six Appeals Against Acquittals in 1984 Anti-Sikh Riots Cases

On Tuesday, the Supreme Court of India issued notices in six Special Leave Petitions (SLPs) filed by the Delhi Police, challenging the acquittal of 14 individuals in connection with the 1984 anti-Sikh riots. The bench directed the court registry to provide digital copies of trial court records to the legal representatives and instructed the parties involved to submit a compilation of evidentiary notes. The matter is scheduled to return on July 21.

The order was passed by a bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan, while hearing a 2016 writ petition filed by S. Gurlad Singh Kahlon. That petition had led to the formation of the Justice S.N. Dhingra Committee, which was constituted by the apex court in 2018 and submitted its report in January 2020.

The Committee, in its findings, observed that investigations into several riot cases had been improperly conducted or derailed. It had recommended various measures, including filing appeals against previous acquittals. However, the Delhi High Court dismissed those appeals, citing an inordinate delay in filing them. The six current SLPs have been filed to contest those High Court rulings.

During an earlier hearing on February 10, 2025, the Supreme Court had emphasized the importance of pursuing such cases with diligence. Justice Oka remarked that while the Court was not concerned with the outcome of the cases, the process should be handled seriously and not perfunctorily.

Appearing on behalf of the Delhi Police, Additional Solicitor General Aishwarya Bhati informed the Court that the Justice Dhingra Committee had recommended the filing of eight SLPs. Of these, two were previously submitted and later dismissed, and the remaining six have now been filed.

Senior Advocate H.S. Phoolka, representing the petitioner, criticized the earlier filings, arguing they were made merely as a formality. He pointed out that in a key judgment by Justice S. Muralidhar of the Delhi High Court, it had been noted that there appeared to be a "massive cover-up" in the handling of riot cases and that the State had failed to pursue them effectively. He also argued that this judgment was never presented before the Delhi High Court during the prior appeals.

Phoolka further stated that in a particular murder case, charges were framed against only five of the 56 accused, while the remaining 51 were discharged without proper prosecution. He urged the State to revisit these cases and press charges where appropriate. Additionally, he highlighted that in several serious cases involving murder and gang-rape, trials never commenced due to closure reports filed by investigating authorities.

Considering these issues, the Supreme Court bench decided not to address individual complaints separately and instead opted to examine the matter comprehensively.

Case Title: S. Gurlad Singh Kahlon v. Union of India

Case No.: WP (Crl) 9/2016