1984 anti-Sikh riots: Supreme Court says it will re-examine 199 cases closed by Modi government's SIT

The emotive issue of the 1984 anti-Sikh riots is all set to take centre stage ahead of next month's Delhi civic polls and haunt the Congress, some of whose leaders have been accused of instigating it. The Supreme Court on Friday said it will re-examine 199 cases recently closed by the Special Investigation Team constituted by the Narendra Modi government two years ago. The riots in the Capital, among India's bloodiest in modern times, followed the assassination of Prime Minister Indira Gandhi by her Sikh bodyguards. About 3,000 people were massacred, 350 of them in a single block of east Delhi's Trilokpuri area. The probe into these cases had reached a dead end as either there were no case files, or the victims and witnesses could not be traced. The SIT was investigating a total of 293 cases. It has questioned Congress leader Sajjan Kumar at least three times over allegations that he instigated a mob in Janakpuri on November 1, 1984, which led to the killing of two Sikhs. The case was earlier closed by the CBI citing lack of evidence. While the Congress maintains it had nothing to do with the closure of the cases as it was done by the probe team constituted by the Modi government, the BJP accuses successive Congress governments at the Centre and Delhi of colluding with several accused and destroying evidence. HEARING ON APRIL 25 A bench headed by justice Dipak Misra directed the home ministry to produce the files pertaining to the closed cases. The matter will be next heard on April 25. "We intend to focus on these 199 cases in respect of which a decision has been taken by the SIT to close and not to launch any prosecution in these matters. We direct the Union of India to produce the files pertaining to these 199 cases within three weeks," the bench said. The court was also unhappy as the SIT has filed charge sheets only in four of the 59 cases taken up for further probe. In the latest status report last month, the MHA said 38 of the cases taken up for fresh probe have been closed while 17 were still under probe. On Friday, attorney general Mukul Rohatgi told the top court that four more cases have since been closed and now only 13 remain under probe. The closure of a whopping 199 out of the total 293 cases has put question mark on the SIT's assurance that it is "determined to render speedy justice to affected families". HOME MINISTRY AFFIDAVIT The home ministry affidavit says, "The Government has all the right intention to render justice to the victims of riots as early as possible." Explaining the "inordinate delay" alleged by the petitioner and consequent weakening of the case, the ministry had earlier admitted lapse of 32-years was taking a toll on collection of relevant documents and case files from police stations and courts. In many cases, documents were in Urdu or Gurmukhi and this was further delaying their scrutiny. "The cases being very old, there has been difficulty in collating and scrutinising records. It is also ensured that the cases are properly examined before any decision is taken," it said. "Notwithstanding the difficulties, the SIT has taken up the challenge and all efforts are being made to examine the cases minutely and due care is being taken to scrutinise the cases with a view to render speedy justice to affected families," it said in another affidavit filed recently. The government said the home ministry was monitoring the progress in SIT probe into the cases every fortnight. However, the report had said: "It is being ensured that investigation is carried out expeditiously and thoroughly. No stone is being left unturned to ensure a detailed and comprehensive probe." The Centre had constituted a committee headed by GP Mathur on December 23, 2014 and the panel on January 22, 2015 had recommended setting up of an SIT. On the basis of the recommendation, the government set up the Special Investigation Team on February 12, 2015 comprising IPS officer Pramod Asthana as its chairman. Members of the SIT are ex-district judge Rakesh Kapoor and additional DCP Kumar Gyanesh.