Free Press Journal

1984 riots: Court expresses inability to discharge prosecutor


New Delhi: A court here has expressed its inability to allow the special public prosecutor in a 1984 anti-Sikh riots case to withdraw himself from it without seeking response from the government on whose request he was appointed by the Delhi High Court.

Additional Sessions Judge Kamini Lau also issued notice to the Delhi government and Commissioner of Delhi Police seeking their response by February 7 on an application filed by Special Public Prosecutor B S Joon for discharge from the case, alleging that “illegal pressure” was being exercised on him by the police.

Joon, in his fresh application, sought discharge from the case, saying that his security has been withdrawn by the Delhi Police without any intimation after the court had on February 1 passed an order on his plea for prosecution of four cops for allegedly destroying the records and files of a riots case registered at Nangloi Police Station in 1992.

The judge said, “….It is not possible for this court to discharge advocate B S Joon as the Special Public Prosecutor without seeking a response regarding the stand of GNCT of Delhi in this regard since any such order would be in violation of the undertaking/ statement made by the Standing Counsel for GNCT of Delhi before Delhi High Court” in a writ petition.

The court was hearing the riots case which was registered in 1991 with regard to the killing of four persons.

The judge said, “Needless to say that the present case being an old matter relating to an FIR registered about 22 years ago, this court intends to expedite the trial for which reason the response of the respective departments should reach this court by the next date through some senior officers so nominated by the GNCT of Delhi (Home)/ Commissioner of Delhi Police who would be in a position to assist the court with regard to the grounds raised/ allegations made in the application.”