New Delhi, Jul 25 (PTI) The Uttar Pradesh government on Friday informed the Supreme Court that the Central Forensic Science Laboratory has not been able to decipher the contents of over 40-year-old illegible FIR registered in a Kanpur 1984 anti-Sikh riots case.
A bench of Justices Surya Kant and Joymalya Bagchi took into account the affidavit filed by the state government and directed the investigating agencies to apprise the court as and when they were able to get a copy.
The top court said if an expert body like the CFSL could not decipher the content of the FIR, then nothing could be done but if the agencies get hold of the copy of it, the court could issue further directions.
The bench noted, “The report reveals that the contents of FIR No. …/1984 could not be deciphered even by the expert institute, namely, the Central Forensic Science Laboratory (CFSL), New Delhi, and a report received from it reveals that except two Hindi words which could be partially read…others are fragmented terms.” The order continued, “That being so, we are satisfied that no effective action in furtherance of FIR No…can be taken at this stage. However, as and when the agencies are able to get material copy of the same, the matter shall be brought to the notice of this court without any delay so that appropriate directions in relation to that FIR can also be issued.” The FIR in question is part of the nine FIRs being investigated by the SIT after 35 years and closed for want of evidence.
The top court was hearing a plea for the reopening of the killings of around 130 Sikhs in Kanpur during the 1984 anti-Sikh riots.
It had previously directed for expeditious trial of 11 cases related to the 1984 anti-Sikh riots cases in Kanpur in which chargesheets were filed post the reinvestigation of the cases.
On Friday, the court was informed that the high court granted stay on the proceedings before the trial court in many cases resulting in delay of justice to the kin of victims even after three-four decades of the incident.
Recording the submissions of the petitioners in its order, what the bench found bothersome was the high court staying proceedings in three of the 11 cases in which the trials began after the SIT filed chargesheets.
“While we do not wish to impact the right of a suspect/accused to avail his/her remedy including quashing of the chargesheet, all that we request is that the high court may take up these matters out of turn for their adjudication in accordance with law,” the bench said.
The order added, “We say so for the reason the unfortunate tragedy took place way back in the year 1984 and it is only because of repeated efforts made by this court that the investigations were revived, SIT was constituted and on completion of investigation, the chargesheet has now been filed. One can take judicial notice of the fact that the conclusion of the trial will take some reasonable time.” The high court, as a result, was asked to take up the matters, proceedings in which were stayed, on an out-of-turn basis and expeditiously, keeping in view the most important fact that with the passage of time, production of vital witnesses had become a difficult task.
Uttar Pradesh standing counsel Ruchira Goel submitted that in four criminal appeals against acquittal filed in the Allahabad High Court, the delay was condoned by the high court and the appeals were now being actively pursued by the office of the advocate general of the state.
“In this regard, we wish to impress upon the advocate general, state of Uttar Pradesh to deploy best of the state law officers, who are having expertise in criminal law, for the assistance of the high court in the pending criminal appeals,” the top court said.
The state counsel in all such cases was ordered to produce a copy of the top court order before the high court for necessary action and the matter posted for September 15. PTI MNL MNL AMK AMK
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