MANWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner through the present Public Interest Litigation has sought a direction for initiating the process of investigation into the mass genocidal killings of persons in November 1984, who belonged to the Sikh community in the area of Hondh Chiller, Patuadi, District Rewari as well as in the area of District Gurgaon in the respondent State of Haryana, under the supervision of this Court on the pattern of Gujarat riot cases. Direction has also been sought against the State of Punjab to protect the life and liberty of victims as well as the petitioner who claims himself to be a witnesses of the communal violence which CWP No. 3821 of 2012 had taken place after the assassination of Prime Minister Smt. Indira Gandhi on 31.10.1984.

(2.) IT is pertinent to mention that a similar petition was earlier filed before this Court, namely CWP No. 3265 of 2011 (Sikhs for Justice and another v. State of Haryana and others). The prayer made in the said petition was for issuance of direction to get an inquiry held by a retired High Court Judge to be assisted by CBI for alleged communal violence in District Rewari wherein 23 members of Sikh community were killed and their belongings were burnt in the year 1984. On 10.8.2011, the said petition was disposed of by this Court in view of notification dated 5.3.2011, issued by the respondent State of Haryana appointing Shri Justice T.P. Garg, a retired Judge of this Court, as one man Commission.

(3.) MR. Vinod S. Bhardwaj, learned Additional Advocate General, Haryana, has pointed out that after the 1984 riots, the Government of India appointed various committees and in view of the reports of such committees, the Central Government vide notification dated 8.5.2000 appointed a Commission of Inquiry consisting of MR. Justice G.T. Nanavati, a retired Judge of the Supreme Court of India. As per the terms of reference of said Commission, it was required to make inquiry into the causes and criminal violence and riots targeting members of Sikh community, which took place in the National Capital Territory of Delhi and other parts of country on 31.10.1984 and therafter. Learned counsel further states that the cases of persons affected in Gurgaon and Pataudi had already been taken up and considered by the Commission of Inquiry headed by Hon'ble Justice G.T. Nanawati. Therefore, it may not be appropriate to get the investigation of the same incident done by another Commission. However, on the pointed query raised by us, learned State counsel has not been able to controvert the fact that the respondent State of Haryana has, in fact, appointed one man Commission headed by MR. Justice T.P. Garg, a retired Judge of this Court to hold an inquiry into the alleged communal violence in District Rewari where 23 members of Sikh community were killed and their belongings were burnt in the year 1984.