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Supreme Court orders 199 files of '84 Sikh riots to be re-examined

Representing the Centre, Attorney General Mukul Rohatgi referred to a report prepared by the SIT, which said that a total of 293 cases were examined, of which 199 cases were closed after scrutiny.

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Sikhs protest the clean chit given to Congress leader Tytler, accused in 1984 riots
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The Supreme Court on Friday decided to re-examine 199 cases closed by the Special Investigations Team (SIT) that was reinvestigating cases pertaining to the 1984 Sikh riots in the capital.

The bench led by Justice Dipak Misra also directed the Home Ministry to submit the files related to the 199 cases within three weeks.

Representing the Centre, Attorney General Mukul Rohatgi referred to a report prepared by the SIT, which said that a total of 293 cases were examined, of which 199 cases were closed after scrutiny.

Rohatgi added that 35 cases were advanced to the stage of a preliminary inquiry of which 28 were completed and seven were still pending. Additionally, 59 cases were sent for further investigation. Closure reports were filed in 42 cases and 13 remained pending.

The AG contended that it was difficult for the SIT to examine cases — its tenure ends on August 11 — since more than three decades have passed since the communal riots.

The order was passed in relation to a petition filed by S Gurlad Singh Kahlon, a member of the Delhi Sikh Gurdwara Management Committee (DSGMC), who had sought the apex court's directions in setting up of the SIT to ensure speedy justice to the victims of the communal riots.

In his petition, Kahlon had also sought the Home Ministry's direction to complete the investigation within six months and give timely reports on the progress of the investigation in all criminal cases relating to the massacre, till the charge sheets were filed.

The 1984 Sikh riots are considered to be one of the worst cases of communal violence after the partition in 1947. The Human Rights Watch (HRW) in its 2011 World Report stated, "The government has yet to prosecute those responsible for the mass killings of Sikhs that followed the 1984 assassination of Prime Minister Indira Gandhi by her Sikh bodyguards. Delivery of justice for mass violence against Muslims in Mumbai in 1992-93 and in Gujarat in 2002 has been slow."

Delhi had 237 anti-Sikh riot cases that were closed because of non-availability of victims or lack of evidence. After reviewing their documents, it has been decided to re-examine about 75 cases so far for which advertisements were issued in order to invite witnesses to speak out.

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