1984 riots: HC notice to Centre on plea to strip medal of Kanth
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Last Updated: Friday, June 03, 2011, 20:29
  
New Delhi: The Delhi High Court on Friday issued notices to the Centre and city Police Commissioner on a plea seeking to strip police medal awarded to former IPS officer Amod Kanth for his role in maintaining law and order during 1984 anti-Sikh riots.

A bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna, which took note of an appeal filed against the order of a single judge order of the High Court, has sought responses from the Centre and others, including Kanth, and fixed the matter for further hearing on September 16.

Earlier, Justice S Muralidhar had dismissed the petition of Amrik Singh Lovely on the issue, saying the decision to confer police medals to Kanth and S S Manan, then SHO of Paharganj police station, was taken and ratified by various authorities including the PMO.

Challenging the verdict, Lovely, in his petition, said "the impugned judgement of the single judge Bench is violative of judicial discipline."

"The single judge failed to appreciate the fact that police brutally killed Narinder Singh on the road while he was in their custody and implicated his (Lovely's) family members in a false case. But still the police officers, instead of being punished, were given awards," the petition said.

Justice Muralidhar, dismissing the plea, had said the scope of a judicial review in such matters was limited.

Amrik Singh Lovely had sought a direction to the Ministry of Home Affairs to withdraw the police medal for gallantry conferred on Kanth and Manan by a presidential notification on June 7, 1985.

Rejecting the plea, Justice Muralidhar had said that there was hardly any scope for judiciary to "transgress" in the decision-making process of the executive.

“The original file containing the citation and notes leading to the decision of the President has been produced before and perused by court. They reflect the application of mind by several authorities in a hierarchical manner up to the Prime Minister and the President of India," the court had said.

Lovely, in his petition, claimed the policemen had implicated 16 members of his family, belonging to the victim community, in a false case during the 1984 anti-Sikh riots.

The fact that all the 16 persons were granted bail later and a CFSL report was not considered while deciding to award the police officers, the petition said.

16 persons, including four minor and five women, of the family of Amrik and Trilok Singh were arrested on November 5, 1984, for allegedly opening fire on a mob which led to the killing of two men including an army jawan.

Justice Muralidhar, however, had said the state should be sensitive and not rush to award the policemen.

PTI


First Published: Friday, June 03, 2011, 20:29


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