1984 Anti-Sikh Riots: Delhi High Court Flags Lapses in Trials, Orders Reconstruction of Records

The Delhi High Court has recently directed the Trial Court to reconstruct records in three cases connected to the 1984 anti-Sikh riots, concerning the killings of three Sikh men following the assassination of former Prime Minister Indira Gandhi.

In a detailed 66-page judgment, a division bench comprising Justices Subramonium Prasad and Harish Vaidyanathan Shankar observed that the material on record prima facie indicated a shoddy investigation.

"Material on record also prima facie indicates that apart from shoddy investigation of the cases, even during the course of trial," the court said. It further noted that the Additional Sessions Judges had made hardly any effort to secure the presence of crucial witnesses, including those who had directly witnessed the incidents.

The cases arose out of matters connected to the anti-Sikh riots, registered at Police Station Delhi Cantt. A composite challan had been filed in all three complaints, which eventually gave rise to Sessions Case 31/86, Sessions Case 32/86 and Sessions Case 10/86.

It is pertinent to note that all three cases were tried separately, and the accused persons were acquitted by the trial court in 1986.These matters resurfaced when the high court was hearing an appeal against the acquittal of former MP Sajjan Singh in another case.

During those proceedings, the court noted that the records of the three cases, Sessions Case 10/86, 31/86 and 32/86, had been destroyed or weeded out. While certain steps were taken to trace the records, only the composite chargesheet and the final judgments in these cases are presently available before the court.

The court thereafter initiated suo motu revision proceedings in all three cases and observed:

"Valuable lives have been lost in the incidents which form the subject matter of the present cases. Several crucial witnesses, including eyewitnesses to the incident were not examined in Sessions Cases 31& 32/86 on account of insufficient efforts to secure their presence through service of summons at addresses which had been damaged and/or abandoned by such witnesses in the aftermath of the incident. A composite challan has been filed for several cases prima facie reflecting a perfunctory investigation. Therefore, this Court is of the opinion that the matter cannot be left to rest at this juncture."

It noted that several commissions had been constituted to examine various aspects of the 1984 Sikh riots and that the CBI had investigated the larger conspiracy behind the incidents in the Raj Nagar area, including the murders of five Sikh persons.

Court directed, "As a first step, the Court ordered the jurisdictional Trial Court to make an endeavour to reconstruct the records of Sessions Cases 10/86, 31/86 and 32/86."

The bench expressed hope that the records of Sessions Cases 10/86, 31/86 and 32/86 might be available with the CBI, as they would likely have been considered during its investigation. Such records might also be located in the archives of various Committees or Commissions appointed over time, the court said.

"Efforts are required to be made on a best endeavour basis to secure such records from any and all sources so as to enable this Court to finally adjudicate the present Criminal Revision Petitions," it added.

If the records are not available with the CBI or relevant committees or commissions, the court said the trial court may seek assistance from lawyers who handled the cases, including Public Prosecutors, Defence Counsel and other assisting advocates, as they are equal stakeholders in the judicial process and owe a duty to assist in proper adjudication.

"The Ld. Trial Court is expected to make best possible efforts to reconstruct the records from all possible avenues as expeditiously as possible, and file a detailed report in that regard before the next date of hearing", the court ordered.

Concluding the judgment, the court expressed its appreciation for the invaluable assistance rendered by the senior counsel and amicus curiae Siddharth Aggarwal, as well as by counsel Vishwajeet Singh, who assisted both the Amicus and the Court.

The matter will next be heard on September 1, 2025

Case Title: Court on its Own Motion vs Dhanraj & Ors. 

Judgment Date: 11th August, 2025

Bench: Justices Subramonium Prasad & Harish Vaidyanathan Shankar