Delhi: The Delhi High Court Wednesday asked the police commissioner to consider a complaint to be filed on behalf of 1984 anti-Sikh ginocide victims seeking a CBI probe against police officials responsible for scuttling the charge-sheet, which was prepared it 20 years ago against senior Congress leader Sajjan Kumar in the case.
The plea said that charge sheet against Kumar prepared in 1992 but was never filed before the court, with the “sole purpose of saving and shielding Sajjan Kumar”.
A division bench of Chief Justice D. Murugesan and Justice V.K. Jain disposing of the plea filed by the association of victims in the Sikh genocide, asked it to file the complaint before the commissioner of police, which will look into it.
“So far no complaint is lodged in this regard with the police. In the absence of any complaint pending, we are not inclined to issue any direction,” the court said.
“We, however, made it clear that when petitioner files any complaint, the Commissioner of Police will look into it accordingly,” it said.
The court was hearing the PIL filed by November 84 Carnage Justice Committee, through senior advocate H.S. Phoolka seeking initiation of criminal proceedings against the guilty police officers on a “missing charge-sheet” prepared in 1992 against former Delhi MP Sajjan Kumar in a 1984 Sikh genocide case, but was never brought before the court to seek his prosecution.
Phoolka said the charge-sheet related to an (first information report) FIR lodged at Nangloi police station in 1987 against Sajjan Kumar only in the murder of four Sikhs during the 1984 riots that had followed after the assassination of then prime minister Indira Gandhi.
“April 8, 1992 a charge sheet relating to FIR 67/1987 at Nangloi Police station, Delhi was prepared by the police and was ready to be filed in the court. In the said charge-sheet accused Sajjan Kumar, the then Congress MP has been shown as the only accused… but it was not filed in the court. It was suppressed for 20 years and did not see the light of the day,” said the plea.
“This charge-sheet was withheld with the sole purpose of saving and shielding Sajjan Kumar,” added Phoolka.
The PIL said: “Till today, the charge sheet in FIR 67/87 is lying in the police files and has not been placed before the concerned court.”
“The action of the police is totally illegal, against the law and is in gross violation of the human rights. The police is duty bound to file in the court a report of every FIR and it is finally the power of court to take a decision. Police has no authority to decide to withhold a charge sheet, that too a charge sheet involving serious offences likes murder.”
“FIR 67/87 was suppressed with a view to save Sajjan Kumar who was influential Political leader and was a sitting MP in the year 1992. The police officer concerned who suppressed this charge sheet for 20 years has committed an offence…,” the PIL said.