New Delhi, India (September 19, 2013): As per information on September 18, 2013 the Delhi High Court referred to Delhi Legal Services Authority (DLSA) the Public Interest Litigation (PIL) seeking a direction to provide protection to the witnesses in November 1984 Sikh massacre related cases involving Indian politician and Congress leader Sajjan Kumar.
A bench of Chief Justice N V Ramana and Justice Pradeep Nandrajog asked the petitioner’s counsel H S Phoolka to approach the DLSA Secretary, who is the nodal officer appointed by this high court earlier in a similar matter till the enactment of new legislation on the issue, on September 24 with the plea.
On September 18 CBI filed its status report before the court saying only three witnesses have expressed their apprehension of threat.
Appearing for CBI, counsel D P Singh submitted the agency had contacted nine witnesses and only three have expressed their threat perceptions.
The bench had earlier sought CBI’s status report on a PIL filed by ‘November 1984 Carnage Justice Committee’ for a direction to the Delhi and Punjab governments to provide security to the witnesses during the pendency of the cases before the trial court.
Citing a list of the witnesses in two anti-Sikh riot cases, the PIL said that “despite various judgements and orders passed by various courts, including the high court, and the apex court to the effect that the witnesses should not be allowed to come under pressure of the accused and that it is the duty of the government to provide adequate protection to the witnesses, the respondents have failed to abide by the same.”
It is notable that Sajjan Kumar and other politicians of India had participated in the massacre of Sikhs during the Sikh genocide 1984. These politicians have been enjoying the power and the Indian courts have drastically failed to hold or conclude trials against them during past three decades.