Throwing his weight behind Delhi Chief Minister Arvind Kejriwal's announcement to set up a Special Investigation Team (SIT) to probe 1984 riots in the national capital, a known anti-Sikh riots lawyer today said that this move will help re-open cases that were closed by police "wrongly".
Supreme Court lawyer H S Phoolka, who had raised voice in the courts and in public to get justice for the victims of 1984 anti-Sikh riots in Delhi, said that "a large number of witnesses are available and ready to give evidence".
"Their memories are very much alive and the unfortunate incidents that changed their whole lives are vividly etched in their minds," he said in a statement released here.
"I am certain that the SIT by reopening cases wrongly closed by Police will finally achieve justice for the victims," pointed out Phoolka who also co-authored a book titled- "When A Tree Shook Delhi," coined after Rajiv Gandhi's famous quote after his mother Indira Gandhi's assassination.
According to the Nanavati Commission Report which was submitted in 2005, a total of 587 FIRs were registered in Delhi and out of these 241 were closed by the Police as untraced and were never even sent to Court for trial.
In the year 2005, the Nanavati Commission had recommended reopening of only 4 cases. Out of these, chargesheet was filed in 3 cases only and investigation was conducted from the year 2006-2009, 22-25 years after the killings, he said.
"These cases had earlier been closed by the police as untraced. Now the investigation conducted after 25 years resulted in bringing out enough evidence to file a charge sheet in 3 out 4 cases," he said.
"In one case, the evidence has been recorded from year 2010-2012. The witnesses deposed before the Court after 26/27 years and were able to withstand strenuous cross-examination by the lawyers of accused persons. Five accused were convicted in this case, 3 were given life imprisonment and 2 were given 3 years sentence," he said.
"This clearly goes to show that the SIT proposed to be appointed, would have substantial results. If the cases closed by police which were reopened after 21 years, statements recorded after 25 years by investigating agencies, and depositions recorded after 27 years, can result in conviction then why not the statements to be recorded by SIT," he said.
All over the world there are instances of trials and convictions years and decades after the pogroms, he said.
It is the system that has caused undue delay and failed its citizens in getting justice, how can this delay be used as a reason to deny them justice altogether, he questioned.
