'84-riots victims associations' plea of being heard rejected

A Delhi court on Wednesday declined a plea of the 1984 anti-Sikh riots victims' associations to make representation in a case allegedly involving former union minister Jagdish Tytler, saying they do not have any locus standi in the matter.
    
"It is a criminal matter involving death of three persons on account of riots... It is argued by them that they also represent the general public who were affected by the riots.
    
"I think the arguments are not tenable as the scope of the case is limited to the cause of death and who caused the death of three persons. The scope cannot be extended beyond that," Additional Chief Metropolitan Magistrate Rakesh Pandit said.
    
The court dismissed the applications of victims' associations Delhi Sikh Gurdwara Management Committee (DSGMC) and November '84 Carnage Justice Committee, seeking to make a representation in the case before it decides on CBI's probe report, giving a clean chit to Tytler.
    
"I think at the present stage they do not have any locus standi to get themselves represented in the proceedings of the case," the judge said.
    
The court, however, allowed Lakhwinder Kaur, wife of Badal Singh who was killed in the riots, to take part in the proceedings and to represent herself in the case.
    
But it rejected Kaur's plea to get copy of CBI's closure report giving clean chit to Tytler on the ground that there was no provision in the law for that.

The court took into consideration the apex court's ruling to decide that Kaur would be heard in the matter.
    
"There appears to be a mandate given by the Supreme Court that the victim or close relative of the victim shall be heard so that he (or she) could represent his (or her) case before the judge and shall not consider himself (or herself) as unheard victim," it said.
    
Even though the court declined Kaur a copy of CBI's investigation report, it permitted her to inspect the file.
    
The DSGMC and November '84 Carnage Justice Committee had made applications before the court in April stating that they had been representing victims of '84 riots, that followed the death of former Prime Minister Indira Gandhi, before Justice Nanawati Commission and representing witnesses Jasbir Singh and Surender Singh.
    
They had contended that the advocate on behalf of the victims was very much required as CBI had filed closure report against Tytler.
    
The court was not impressed with their contentions saying the victims associations represented witnesses Jasbir Singh and Surender Singh who had already deposed during the investigation of the case.
    
Meanwhile, another plea of the victims' associations to summon a report of CBI director and DIG, who had reportedly  opined against giving clean chit to Tytler, was also declined by the court which said that it was not maintainable in the law.