DELHI ADMINISTRATION Vs. TRIBHUVAN NATH

JUDGEMENT

(1.) Delhi had seen a carnage about a decade back. The country had then lost its Prime Minister at the hands of an assassin. Delhi thereafter lost thousands of innocent humans and what is more shocking is that the victims belonged to one community, namely, Sikh. The wrath fell on that community because the assassin of the Prime Minister was supposed to be a Sikh. The materials on record portray a hair-raising scenario of Delhi starting from 1/11/1984 - the assassination of the Prime Minister having taken place on 31/10/1984.

(2.) It seems that from I -11 -1984 onwards, a mob had taken control of the city for a few days and Sikhs of different localities were subjected to all sorts of atrocities. They were murdered, thrown into drains or set ablaze. Their properties were looted and their houses were burnt. The three respondents are among those who were subsequently put on trial for such offences. The trial court found all of them guilty under various S. of law, to wit, Ss. 302/149, 436/149, 395, 147 and 148 of the Indian Penal Code. Various sentences were awarded on the respondents. We may mention about the one under S. 302/149 which was imprisonment for life. All the sentences were ordered to run concurrently.

(3.) On appeal being preferred by the convicts, the High court of Delhi by the impugned judgment has, however, acquitted them of all the charges. Hence this appeal by the Delhi Administration.