COURT ON ITS OWN MOTION Vs. DHANRAJ

JUDGEMENT

(1.) While hearing Crl.A.Nos.715/2013, 753/2013, 831/2013, 851/2013, 861/2013, 1099/2013 and 710/2014 (challenging the judgment dated 30th April, 2013 in Sessions Case No.26/10 arising out of RC 24/2005-SIU-I/SIC-1/CBI/ND) ld. counsels for the private parties have relied upon judgments in Sessions Case No. 31/86 dated 29th April, 1986; Sessions Case No.32/86 dated 17th May, 1986; Sessions Case No.11/86 dated 28th May, 1986; Sessions Case No.10/86 dated 15th July, 1986 and Sessions Case No.33/86 dated 4th Oct., 1986 shocking our judicial conscience and compelling us to invoke our jurisdiction under Sec. 401 of the Crimial P.C. Without opining on the merits of any of the submissions made therein or the veracity of the evidence led in SC No.26/10 or on the legal merits of the prosecutions, trials and judgments in SC Nos.31/86, 32/86, 11/86, 10/86 and 33/86, we set out some essential facts, statutory provisions and legal principles which have compelled us to make the present order.

(2.) Post the assassination of Smt. Indira Gandhi, Late Prime Minister of India, in the riots with erupted in Delhi, FIR No.416/84 was registered at P.S. Delhi Cantt. on 4th Nov., 1984 on the basis of a statement given to the police by Smt. Baljit Kaur, daughter of Late Shri Avtar Singh.

(3.) Several other complaints pertaining to deaths and other offences in the Raj Nagar area of Delhi Cantt. were received during investigation of FIR No.416/84 and clubbed in the same FIR. These included complaints on 15th Nov., 1984 by Jagir Kaur (subject matter of SC No.31/86); on 18th Nov., 1984 by Sampuran Kaur (subject matter of SC No.32/86); on 15th Nov., 1984 by Swaran Kaur (subject matter of SC No.11/86); on 19th Nov., 1984 by Daljit Kaur (subject matter of SC No.10/86). The complaint made on 4th Nov., 1984 by Baljit Kaur (registered as FIR No.416/84) was the subject matter of SC No.33/86). These complaints related to murders of Sikh men and violence to their property in the riots which erupted in the Raj Nagar area (under the jurisdiction of Police Post Palam Colony, Police Station Delhi Cantt.) post the assassination on the 31st Oct., 1984 of the then Prime Minister Smt. Indira Gandhi. We note that these were five out of several such complaints received at the Police Post Palam.