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Evidence of Impunity: Records of Indian police declare 24 cases of 1984 violence as untraceable

Ludhiana (December 13, 2011): Professor William A. Schabas, an International Law Scholar and Chairman of Irish Centre for Human Rights, had observed in his work: ‘Genocide in International Law: Crimes of Crimes’, that “because genocide is committed, as a general rule, by the State or with its complicity, leaving genocide prosecution to the domestic courts may only ensure impunity”.

This observation provides clear explanation for widespread impunity for culprits, including high rank Indian Politicians, responsible for planning, organizing and executing genocidal massacre of Sikhs in November 1984.

A recent media report has revealed that as many as 21 cases registered by Delhi Police in connection with genocidal violence against Sikhs in 1984 are untraceable, according to an RTI reply.

Of the 56 cases registered by five police stations of the South West District against 225 persons under various sections of Indian Penal Code, three resulted in conviction, two were pending trials and in 30 cases, accused were acquitted, it said.

For the rest 21 cases, the RTI reply said they were “untraced”.

The cases, filed in Najafgarh, Dabri, Naraina, Inderpuri and Delhi Cantonment police stations of the national capital, were for allegedly inciting mob and killing people.
Some senior political leaders were made accused by the Justice G T Nanavati commission, established by the government to investigate cases related to genocidal massacre of 1984.

The genocidal violence against Sikhs were triggered throughout India following the assassination of the then Prime Minister Indira Gandhi on October 31, 1984.

Exercising his Right to Information, advocate Vivek Garg had asked for details of cases registered by Delhi Police.

“Some of the cases registered during the tragic incident are untraceable. Infact, Delhi Police did not give the information about the victims,” Garg claimed.

According to the reply, a case registered on November 1, 1984 in Naraina police station in which “three unknown person (were) burnt and killed” was declared untraced on March 10, 1985.

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