HC refuses to quash 1984 riot cases

Prayagraj: The Allahabad high court has rejected petitions filed by nine accused of 1984 Sikh riots in Kanpur, seeking quashing of criminal proceedings initiated against them.Describing the mass violence following the assassination of former PM Indira Gandhi as genocide and a crime against humanity, the court said that delay in recording witness statements and the non-availability of original police records cannot be grounds to quash the proceedings.Dismissing the bunch of petitions filed by the accused Pradeep Agarwal and others, who had sought quashing of criminal proceedings pending against them before the chief judicial magistrate (CJM), Kanpur Nagar, Justice Anish Kumar Gupta in his Mar 24 order observed, "It is settled position of law that the constitutional courts have jurisdiction to direct re-investigation or de-novo investigation in any case. Thus, after taking judicial notice of crime against humanity, the apex court has directed the investigation in the 1984 Anti-Sikh riots cases, which were identified by the special investigation team constituted by the apex court.""Therefore, on the basis of the material collected in the reexamination/further investigation in the matter, this court is of the opinion that the prima facie case is made out against the applicants herein as there is sufficient material to show involvement of the applicants herein as well as the identity of the applicants herein. Merely because, the long time has passed during the incident and the investigation, that cannot be a ground for quashing of the proceedings of the instant case," the court addedThe common feature in all cases was that FIRs were lodged immediately after the incidents. However, in all cases, final reports were submitted exonerating all the accused.Later, the Central govt appointed the Justice Nanavati Commission to enquire into the anti-Sikh riots cases. Afterwards, the Supreme Court appointed SIT to investigate the matters. Pursuant to the aforesaid directions, the investigations have been carried out, witnesses were examined and thereupon the charge sheets were filed against the applicants, whereupon the court concerned took cognizance in all the cases..