The Delhi High Court has rejected the state’s application seeking condonation of delay of 28 years for filing an appeal against an acquittal order in a case of 1984 anti-Sikh riots.
Judge Suresh Kumar Kait said that the state failed to provide a valid explanation for the delay and therefore, it could not be condoned.
In 1995, a trial court in Delhi had released the accused, declaring them free of charges.
The state subsequently presented the findings of a two-member Special Investigation Team (SIT), which was formed in accordance with a Supreme Court directive to investigate the riot cases that had been closed due to insufficient evidence or poor investigation.
In 2019, the SIT recommended that an appeal should be filed against the 1995 acquittal order. “Due to Covid-19 pandemic, the appeal could not be finalised as the file had to pass various channels, which resulted in further delay. Hence, the present Leave to Appeal has been filed along with the application for condonation of Delay of 27 years and 335 days,” said the court in its order passed on July 10.
It said that it is not in dispute that the accused were acquitted as the witnesses produced during the evidence by the prosecution were not found believable.
“If the prosecution or the complainant were aggrieved by the judgement of acquittal, there was nothing which prevented them from filing the appeal,” the court said.
It said that the reason now been given for filing the appeal is the opinion given by the SIT in its report, that the trial court could not have taken a view of weakness of the case merely due to delay in recording of FIR or delay in recording the statements of the witnesses.
“It was not disputed on behalf of the state that no further investigations have been carried out by the investigating agencies and no fresh material in respect of the alleged offences has been placed on record,” the court noted.
It further said that 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 also observed that the reason for disbelieving the witnesses on account of the delay of FIR was not correct,” the court said.
“The delay is 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,” the court ordered.
2023071238237
