1. While hearing Crl. A. Nos. 715, 753, 831, 851, 861, 1099 of 2013 & 710 of 2014 (challenging the judgment dated 30th April, 2013 in Sessions Case No.26/10 arising out of RC 24/2005-SIU-I/SIC-1/CBI/ND) ld. counsels for the private parties have relied upon judgments in Sessions Case No. 31/86 dated 29th April, 1986; Sessions Case No.32/86 dated 17th May, 1986; Sessions Case No.11/86 dated 28th May, 1986; Sessions Case No.10/86 dated 15th July, 1986 and Sessions Case No.33/86 dated 4th October, 1986 shocking our judicial conscience and compelling us to invoke our jurisdiction under Section 401 of the Cr.P.C. Without opining on the merits of any of the submissions made therein or the veracity of the evidence led in SC No.26/10 or on the legal merits of the prosecutions, trials and judgments in SC Nos.31/86, 32/86, 11/86, 10/86 and 33/86, we set out some essential facts, statutory provisions and legal principles which have compelled us to make the present order.

Factual narration

2. Post the assassination of Smt. Indira Gandhi, Late Prime Minister of India, in the riots with erupted in Delhi, FIR No.416/84 was registered at P.S. Delhi Cantt. on 4th November, 1984 on the basis of a statement given to the police by Smt. Baljit Kaur, daughter of Late Shri Avtar Singh.

3. Several other complaints pertaining to deaths and other offences in the Raj Nagar area of Delhi Cantt. were received during investigation of FIR No.416/84 and clubbed in the same FIR. These included complaints on 15th November, 1984 by Jagir Kaur (subject matter of SC No.31/86); on 18th November, 1984 by Sampuran Kaur (subject matter of SC No.32/86); on 15th November, 1984 by Swaran Kaur (subject matter of SC No.11/86); on 19th November, 1984 by Daljit Kaur (subject matter of SC No.10/86). The complaint made on 4th November, 1984 by Baljit Kaur (registered as FIR No.416/84) was the subject matter of SC No.33/86). These complaints related to murders of Sikh men and violence to their property in the riots which erupted in the Raj Nagar area (under the jurisdiction of Police Post Palam Colony, Police Station Delhi Cantt.) post the assassination on the 31st October, 1984 of the then Prime Minister Smt. Indira Gandhi. We note that these were five out of several such complaints received at the Police Post Palam.

4. Concerned with inter alia the progress of the investigation and the cause into the large scale violence in 1984, the Government of India appointed several commissions including, inter alia Marwah Commission, 1984; Justice Ranganath Misra Commission of Enquiry, 1985; Dhillon Committee, 1985; Ahuja Committee, 1985; Kapur Mittal Committee, 1987; Jain Banerjee Committee, 1987; Potti Rosha Committee, 1990; Jain Aggarwal Committee, 1990 and the Narula Committee, 1993 to examine different aspects of the matter.

5. Vide Notification No.441(E) dated 8th May, 2000 of the Ministry of Home Affairs, the Government of India had appointed a Commission of Inquiry under the Chairmanship of Mr. Justice G.T. Nanavati with the following terms of the reference :

“2. The terms of reference assigned to the Commission were as follows :

(a) to inquire into the causes and course of the criminal violence and riots targeting members of the Sikh community which took place in the NCT of Delhi and other parts of the country on 31st October, 1984 and thereafter.

(b) the sequence of the events leading to and all the facts relating to such violence and riots;

(c) whether these heinous crimes could have been averted and whether there were any lapses or dereliction of duty in this regard on the part of any of the responsible authorities/individuals;

(d) to enquire in the adequacy of the administrative measures taken to prevent and do deal with the said violence and riots;

(e) to recommend measures which may be adopted to meet the ends of the injustice;

(f) to consider such matters as may be found