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SC displeased over stay on trials in 1984 Anti-Sikh Riot cases, urges Allahabad HC to expedite

SC displeased over stay on trials in 1984 Anti-Sikh Riot cases, urges Allahabad HC to expedite

New Delhi, July 25 (UNI) The Supreme Court today expressed dismay over the Allahabad High Court staying trial proceedings in three out of eleven cases related to the 1984 Anti-Sikh Riots, where trials had commenced after re-investigation and filing of chargesheets by a Special Investigation Team (SIT).
A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi observed, 'What really bothers is that in 11 cases where trials commenced pursuant to chargesheets filed by SIT, such trials have been stayed by High Court in three cases.
"While we do not wish to impact the right of a suspect or accused to avail his/her remedy, including quashing of chargesheet, all that we request the High Court is to take up these matters out of turn and expeditiously for their adjudication in accordance with law.'
The Court highlighted that the conclusion of these trials would take reasonable time, and availability of witnesses becomes increasingly difficult with the passage of time.
'It is only with repeated efforts made by this Court that the investigations were revived, SIT was constituted, and chargesheets have now been filed… judicial notice of the fact that conclusion of trial will take some reasonable time… most importantly, availability of witnesses, with passage of time, becomes a difficult task,' the Bench noted.
During the hearing, the Court went through a compliance report filed by the State of Uttar Pradesh, which revealed that the contents of one FIR dated November 9, 1984, could not be recovered even by the CFSL.
The CFSL report stated that, except for some sections, the rest of the FIR was fragmented.
Considering its previous orders and the CFSL findings, the Court said no further action could be taken at this stage, but added that if any duplicate copy or related document is recovered, it should be brought to the Court's notice.
Regarding four appeals filed before the High Court challenging acquittals in riot cases, the Court noted from the status report that these appeals were being actively pursued for hearings on the merits.
The Bench impressed upon the UP Advocate General to deploy the 'best of the state law officers' having requisite expertise to handle these sensitive matters.
In April as well, the Court had directed the State to appear in cases where trial proceedings were stayed and to take all necessary steps for their early disposal.
Reiterating its stand today, the Court stated it had no reason to doubt that the High Court would conduct the cases expeditiously and take them up out of turn.
Advocate Jagjit Singh Chabra appeared for the petitioners, while Advocate Ruchira Goel represented the State of Uttar Pradesh.
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