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Judiciary must share equal blame for lapses in 1984 riots cases: SIT head Justice (retd) Dhingra

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Justice SN Dhingra

By Puneet Nicholas Yadav

Over three decades after the 1984 anti-Sikh riots, the legal process of bringing the arsonists to justice continues to drag on. The conviction of Congress leader Sajjan Kumar, 33 years after the pogrom, has given hope to riot victims that justice may finally catch up and the accused, many political heavyweights of their time, will pay for their crimes.

The life sentence awarded to Kumar by the Delhi High Court for his role in stoking the riots that broke out after the assassination of Prime Minister Indira Gandhi by her Sikh bodyguards on October 31, 1984, was the result of a continued legal battle against him by a few who ensured that the case against the Congress leader is not dismissed.

However, there were as many as 241 cases linked with the riots that had been shut abruptly over the years either because the investigations had met a dead end or because the prosecution failed to make out a credible case against the accused in the courts.

On January 11, 2018, the Supreme Court had constituted a three-member special investigation team (SIT) – the 11th such commission, investigation or committee looking into the riot cases – headed by retired Delhi High Court judge, Justice SN Dhingra. The SIT was supposed to reexamine files of 186 of these 241 shut cases and submit an interim report, by mid-March, recommending which of these cases can be reopened for investigation. The SIT is yet to file its report because its third member refused to join the team and the request for the top court to appoint a new member was not disposed off till December – over 10 months after Justice Dhingra filed his application for necessary directions.

In December, the Supreme Court finally informed the SIT that it could continue the probe with existing members – Justice (retd.) Dhingra and IPS officer Abhishek Dular – and that the interim report should be filed by March 2019.

In an exclusive interview to India Legal, Justice (retd.) SN Dhingra spoke candidly about the challenges his SIT faces.

Q. A year has passed since the SIT was constituted by the Supreme Court to suggest if any of the 186 riot cases that were closed can be re-opened. Your interim report was to be filed in March last year but hasn’t been so far. Why the delay?

A. There was a bunch of 199 cases that another SIT (appointed in February 2015 by Prime Minister Narendra Modi’s government and headed by IPS officer Pramod Asthana) had recommended for closure along with 42 other cases that a Supreme Court appointed supervisory committee of two of its former judges had examined. Some petitioners along with advocate HS Phoolka had told the Supreme Court that the recommendation of the (Asthana) SIT is not proper and cases should not be closed hurriedly. The court then constituted the SIT with me as its chairman and two other members (IPS officer Abhishek Dular and former special director general of the Border Security Force, Rajdeep Singh). I and Mr Dular joined the probe but Mr Singh expressed his inability to join. We filed an application in the Supreme Court saying the third member has not joined and the court should appoint a substitute. The application did not come up for hearing for many months. When it was listed recently, the Centre recommended the substitute but the court said that the existing two members should carry out the probe. So, the procedural delay in clearing our application for nominating a substitute for Mr Singh, prohibited us from meeting the deadline set by the court for filing the interim report. We have been given time till March to submit our findings and I will try to stick by the new deadline

Q. No one seems to know which cases your SIT is examining.
A. The court had said 186 of the 199 closed cases should be examined by us but it sent us details of all 199 cases on which the Asthana SIT had submitted its report. I am looking at all these cases and can’t disclose their details right now because we are still in the process of going through the case files individually. It is a time consuming process. But, rest assured, even if there is a small possibility of re-investigating the case, we will recommend so.

Q. Your SIT has issued two public notices asking people to come forward and provide information that might help in your probe. After 34 years of the riots, many witnesses are no more and some may not want to old wounds to be cut open. How difficult is your task and have any people come forward yet?
A. Very few people have come forward so far. Some have sent us anonymous letters alleging the involvement of certain people in the riots but without mentioning the FIRs in the case. If we don’t have the FIR numbers, how do we track the record of the case? There are many cases where the witnesses have died; many others where the accused are also dead. We have written to various police stations asking for details, case files, original FIRs and are hopeful that we will get something credible to move forward on.

Q. The Delhi Sikh Gurdwara Management Committee has written to you urging that the riots case against Madhya Pradesh chief minister Kamal Nath must also be recommended for re-investigation?
A. My mandate is limited to the 199 cases that were examined and recommended for closure by the Asthana SIT. I do not know, as yet, if the cases against Kamal Nath are part of this bunch. I have called for details of the FIR which supposedly name Kamal Nath and if the case is under our jurisdiction and we find enough grounds to recommend re-opening it, we will certainly do it.

Q. When the SC appointed you to lead the SIT, many said there was a conflict of interest because you presided over the riots cases during your stint as judge at the Karkardooma court and that your orders for incarceration of Congress leader HKL Bhagat and verdict against Kishori Lal showed you are pro-conviction. If you do recommend reopening of cases, do you think another controversy will erupt?
A. I am immune to all these allegations and accusations. I have worked as a judge for nearly 25 years. People find politics in everything. If I think of these opinions, I will never be able to do my duty. There is no room for fear and intimidation.

Q. But is there pressure on you to re-open some cases…
A. I do not act under fear nor under the hope of any professional benefits. Prior to my appointment as special judge of the riot cases at Karkardooma Courts in 1995, for three years in a row, I was awarded an A Grade in my annual ACR. After I became the riots judge, for three years the Delhi High Court did not write my ACR. Finally when I did get my ACR, and by then I had already convicted so many people in these cases, I was informed that my grade was reduced from A to B+ without citing any reasons. I wrote a letter to the high court saying if speaking the truth is a sin for a judge, then, rest assured, I shall continue committing this sin as long as I am working as a judge. For several years then on, I was given B+ in the ACR. Then, when I presided over the trial in the Parliament attack case and ordered a conviction, my grade was further reduced to B. The point I am making is, that fears and pressures are not known to me.

Q. Do you think if it wasn’t for these judgments, you would have been elevated to the Delhi High Court much earlier than you were?
A. (Smiles and nods) I was not a career-oriented judge who would worry about my promotion. What has always mattered to me is that I must do my duty with sincerity. I do not bother about the price that I have to pay for my actions and my convictions.

Q. Sajjan Kumar’s conviction has come after 33 years and has been challenged in the Supreme Court. There’s no clarity on where the cases against Jagdish Tytler is headed. You are still examining whether closed cases can be reopened. What does this say about the justice system if after over three decades of a massacre, we are still struggling for adjudicating cases at the trial stage?
A. I firmly believe that the agony of the victims will not end. People have lost their near ones. After 30 years, if the courts decide their cases, how does it help lessen the pain of the victims? It may make for good news headlines but I do not consider this to be justice. Action should have been taken within a reasonable time. I don’t subscribe to the view that after 40 years you can give justice. The purpose of giving justice is not to feed masala to newspapers.

Q. Who failed the riot victims?
A. It is the failure of the entire state machinery, including the investigating agencies, the government and the judiciary.

Q. So you are saying the judiciary must share the blame?
A. I am saying that the judiciary must share equal blame. The Sajjan Kumar that you are talking about, I remember when many years ago the CBI went to arrest him early one morning, he managed to gather his supporters and prevent the CBI from arresting him. In the meantime, he called his lawyer, RK Anand, who moved the Delhi High Court for anticipatory bail. Now, there is a legal process to followed while disposing off an anticipatory bail application – the prosecution has to be given a notice, has to be heard and only then a final decision can be given. In Kumar’s case, the high court opened at 10.30 and by 11, the then registrar of the Delhi High Court had communicated to the CBI officers still waiting outside Kumar’s residence that anticipatory bail has been granted. Who instructed the registrar to directly communicate the orders to the CBI? Now, what will you call this – support of the judiciary to the victim or the accused? What is the message that the high court sent to trial courts?

Q. There is still a huge amount of work that your SIT needs to complete before it files its report. How confident are you of meeting the March deadline?
A. We are trying our best to examine the files and summon necessary records at the earliest so that we meet the deadline. I know that I have to be thorough because I can’t make the same mistakes that earlier commissions have made. I will give a case by case report for all 199 cases and a consolidated report for the entire bunch of cases. My hope is to meet the deadline but I might need an extension for a month or two given the volume of work, but, certainly not longer than that. – India Legal

India News

Centre sends 3 letters to Punjab government after anti-drug activist’s killing

The Centre has sought reports from the Punjab government on three incidents linked to allegations surrounding drug-related activities, including the killing of anti-drug activist Parvinder Singh Jhota.

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Amit Shah

The Union government has sought detailed explanations from the Punjab government regarding three incidents linked to concerns over drug-related activities in the state. The move follows the killing of anti-drug activist Parvinder Singh Jhota in Mansa and comes amid renewed scrutiny of the state’s drug problem and law-and-order situation.

The Ministry of Home Affairs (MHA) sent three letters to the Punjab chief secretary on October 16, with copies to the state’s director general of police. The communications sought information about Jhota’s killing, the fatal attack on Bikramjit Singh in Gurdaspur district, and the reported suicide of Gulzar Singh in September.

What the Centre’s three letters cover

The first letter concerned the October 13 killing of Parvinder Singh, popularly known as Jhota, who was known for raising concerns about drug abuse and alleged illegal sales of intoxicating substances in Punjab.

The ministry sought a comprehensive factual report on the incident and details of the steps taken by the state government following his death. It also asked about action taken on the Union government’s Vision Document on Narcotics Control for 2026–2029.

The document outlines measures to strengthen anti-narcotics enforcement, including dedicated anti-narcotics task forces, financial investigations, prosecution under the Narcotic Drugs and Psychotropic Substances Act, and action against transnational drug networks.

The second letter concerned the attack in Mari Panwan village in Gurdaspur district, in which Bikramjit Singh died and Nishan Singh and Gurmukh Singh were critically injured.

According to accounts cited in the report, the three men had objected to alleged drug peddling in their village before being attacked with sharp-edged weapons. However, police have denied that the incident was motivated by drug-related disputes and said an investigation was underway. Bikramjit’s relatives have also disputed the police account that the murder followed a dispute over a mobile phone.

The third letter sought details about Gulzar Singh’s death on September 8. The ministry referred to reports that he had raised concerns about the availability of synthetic drugs and had faced pressure and harassment from the local village panchayat. These allegations form part of the circumstances the Centre has asked the state government to examine and report on.

Amit Shah raises questions over Punjab’s law and order

Union Home Minister Amit Shah also raised concerns about the situation in Punjab, referring to the challenges posed by drugs, gangsterism and organised crime.

Questioning the Bhagwant Mann-led government over public safety, Shah called for action against the drug trade, protection for young people and strict measures against criminals.

The Centre’s requests place the three incidents under scrutiny, although the alleged links between the attacks or deaths and opposition to drug-related activities remain subject to the specific circumstances and investigations in each case.

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Mallikarjun Kharge seeks all-party meeting with PM Modi on delimitation

Congress president Mallikarjun Kharge has written to Prime Minister Narendra Modi for the fourth time, seeking an all-party meeting on delimitation. He also flagged the 64-day delay in proroguing Parliament’s Monsoon Session.

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Congress president Mallikarjun Kharge has renewed his demand for an all-party meeting with Prime Minister Narendra Modi to discuss the government’s proposed delimitation exercise, arguing that political parties must have adequate time to examine the proposals before they are finalised for consideration in Parliament.

In a letter to the prime minister on Friday, October 16, Kharge also raised concerns over what he described as an unprecedented delay in formally proroguing Parliament’s Monsoon Session. He said 64 days had passed since the session was adjourned sine die on August 13, while both Houses were yet to be prorogued.

Kharge seeks wider consultations on delimitation

Kharge said he had first written to Modi on April 11, requesting an all-party meeting before the government introduced a constitutional amendment bill concerning delimitation.

According to the Congress president, the government did not convene the requested meeting before making the bills public late on April 14 and calling a special session of Parliament on April 16.

The constitutional amendment bill on delimitation subsequently failed to secure the required two-thirds majority in the Lok Sabha on April 17.

Kharge said he had again written to the prime minister on July 16 and August 27, reiterating his demand for consultations. In his latest letter, he made the request for the fourth time, asking the government to discuss its revised proposals with political parties before finalising them for parliamentary consideration.

The Congress chief stressed that political parties should receive sufficient time to discuss the proposals among themselves and with other stakeholders.

He also cautioned the government against attempting to push through another far-reaching constitutional amendment without adequate deliberation.

Congress raises concern over Parliament session

Apart from delimitation, Kharge highlighted the delay in proroguing the Monsoon Session, which was adjourned sine die on August 13.

He described the 64-day gap as unprecedented and linked the issue to concerns about possible government plans to bring fresh delimitation proposals before Parliament.

Prorogation formally ends a parliamentary session. Kharge’s letter raised the issue while urging the government to ensure wider political consultation before proceeding with any new legislative proposals.

Jairam Ramesh shares Kharge’s letter

Congress general secretary for communications Jairam Ramesh also drew attention to the letter by sharing it on X.

Ramesh said Kharge had written to Modi about the delay in proroguing the Monsoon Session and the possibility of further government moves on delimitation.

The Congress’s latest demand centres on securing time for political parties to examine the government’s proposals before they are finalised for consideration in Parliament.

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Abhijeet Dipke detained ahead of CJP’s national flag march in Delhi

Cockroach Janta Party founder Abhijeet Dipke was detained by Delhi Police on October 16, 2026, shortly before a planned national flag march. The proposed rally followed the judicial custody of two CJP members who had waved the Tricolour at Jantar Mantar.

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Cockroach Janta Party (CJP) founder Abhijeet Dipke was detained by Delhi Police on Friday, October 16, shortly before he was due to participate in a planned national flag march in the capital.

According to the report, police personnel reached Dipke’s residence and detained him just minutes before the proposed ‘Lehra Do Tiranga’ rally. The march was planned in Delhi amid tensions over restrictions on demonstrations and the detention of CJP members.

The latest detention marks the second time Dipke has been detained within a week. He was previously detained after arriving at Delhi’s airport from Mumbai for a protest against Chief Election Commissioner Gyanesh Kumar over allegations of manipulation during the Special Intensive Revision (SIR) of electoral rolls.

Why was the national flag march planned?

One of the main triggers for the planned march was the judicial custody of two CJP members, Saurav Das and Ashutosh Ranka.

The two were sent to five-day judicial custody after entering Jantar Mantar while waving the national flag on October 13. The incident occurred a day after the historic protest site was denotified as a protest location, according to the report.

The proposed march was called ‘Lehra Do Tiranga’. CJP planned the rally amid its continuing opposition to Chief Election Commissioner Gyanesh Kumar over alleged electoral irregularities.

The allegations concerning voter-list manipulation remain allegations and should not be presented as established findings.

Police had issued a notice before the detention

Before detaining Dipke, Delhi Police personnel visited his residence and served him a notice advising him against holding the proposed march.

The notice was issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), according to the report. It stated that prohibitory orders were in force in the Connaught Place area.

The notice also cited the absence of permission from the New Delhi Municipal Council (NDMC) for the proposed Tiranga Yatra. It warned that proceeding with the march despite the restrictions would be considered a violation of the law.

The detention came amid heightened attention to the proposed gathering in central Delhi and the dispute over whether the planned march could proceed under the prevailing restrictions.

A second detention in a week

Dipke’s latest detention followed his earlier detention at Delhi airport after he arrived from Mumbai for a planned protest over the SIR exercise and allegations concerning voter-list manipulation.

The latest episode adds to the ongoing confrontation between CJP and the authorities over its proposed demonstrations. The immediate context for the October 16 march was the judicial custody of two party members following their appearance at Jantar Mantar with the national flag.

The report does not establish that the allegations of electoral manipulation are proven, nor does it provide a final judicial determination of the dispute surrounding the planned march.

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