“Never too late to probe 1984 riots” Sukhpal Singh In the wake of doubts being raised about efficacy of SIT probe Even as doubts are being raised about the efficacy of a Special Investigation Team probe into the 1984 Sikh riots, almost three decades after the killings, Supreme Court advocate and rights crusader H.S. Phoolka said a new probe will produce substantial results. Though two commissions of inquiry and seven committees have been set up since 1984, justice still eludes many riot victims. Mr. Phoolka said the Nanavati Commission had in 2005 recommended the reopening of four cases. Investigation was launched in 2006 and charge sheets were filed in three cases that had been closed by the police. In one of these cases, evidence was recorded as late as 2010-2012. “The witnesses deposed before the court after 26-27 years and stood the gruelling cross-examination by the defence. Five accused were convicted in the case — three were sentenced to life and two were given three-year sentences,” he said. The jurist asked if this probe — where cases closed by the police were reopened after 21 years, statements recorded after 25 years and depositions recorded after 27 years — could result in conviction, then why not a probe by the proposed SIT? “Why are we then not hopeful that the cases to be reopened and the statements to be recorded now, would show results?” He added: “There is no statute of limitation for murders; no matter how many years pass, justice has to be delivered and the guilty punished. All over the world there are instances on trials being conducted and people convicted years and decades after pogroms. It is the system that has caused undue delay and failed its citizens ; how can this delay be used as a reason to deny justice altogether?” Mr. Phoolka pointed out that there were many witnesses who were still prepared to give their statement.
Posted on: Fri, 31 Jan 2014 15:59:16 +0000
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