New Delhi: The city police commissioner was asked today by the Delhi High Court to examine a complaint to be filed on behalf of the victims of a 1984 anti-Sikh riot case for prosecuting policemen allegedly responsible for not filing a charge sheet in the case for almost 20 years.
HC asks CP to consider complaint of anti-Sikh riots victims A bench headed by Chief Justice D Murugesan, however, refused to order a CBI probe into the complaint alleging lapses by policemen in probing the role of Congress leader Sajjan Kumar in a riots case and deliberately not filing the charge sheet in the lower court to save Kumar.
"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 adding "We, however, make it clear that when petitioner files any complaint, the commissioner of police will look into it accordingly."
The bench, also comprising Justice V K Jain, then disposed of the PIL, filed by the November 84 Carnage Justice Committee, seeking a direction to the Centre to order a CBI probe into the roles of policemen who allegedly did not file the charge sheet in the concerned court despite preparing it.
The charge sheet pertained to an 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, senior lawyer H S Phoolka said.
"On 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 M P, has been shown as the only accused... But it was not filed in the court. It was suppressed for 18 years and did not see the light of the day," Phoolka alleged.
The PIL said that the police had taken the plea that the
"missing charge-sheet" against Sajjan Kumar had been clubbed with that of another riot case in which the trial was already on.
"This charge sheet was withheld with the sole purpose of saving and shielding Sajjan Kumar," Phoolka said, adding that the CBI later started the probe in the case.
He, however, sought widening of the ambit of the CBI probe saying "it must also include and investigate the roles of Delhi police officials, accused of suppressing the charge sheet." The plea, however, was rejected by the court.
"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 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 the 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," the petition said.
During arguments, Phoolka said it was a classic case of abuse of power.