COURT ON ITS OWN MOTION vs DHANPAT & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11th AUGUST, 2025 IN THE MATTER OF: + CRL.REV.P. 247/2017 COURT ON ITS OWN MOTION .....Petitioner Through: Mr. Vivek Sood, Sr. Advocate (Amicus Curiae), with Mr Amitanshu Satyarthi, Ms Medhavi Judevi, Ms Pankhuri Jain, Advocates. versus DHANPAT & ORS. .....Respondents Through: Mr. Laksh Khanna, APP for the State. Mr. H. S. Phoolka, Sr. Advocate with Mr. Gurbaksh Singh, Ms. Surpreet Kaur and Ms. Kamna Vohra, Advocates for Complainant. Mr. Bhaskar Vali and Mr. Tarun Rajput, Advocates for Respondent No.4/Ramji Lal. Ms. Tarannum Cheema, Mr. Akash Singh and Mr. Akshay N., Advs. for CBI. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT SUBRAMONIUM PRASAD, J. Background 1. The present Criminal Revision Petition was instituted in suo moto exercise of powers under Section 401 of the Code of Criminal Procedure, 1973 (“CrPC”) pursuant to Order dated 29.03.2017 passed by this Court. Signature Not Verified Digitally Signed By:RAHUL SINGH CRL.REV.P. 247/2017 Page 1 of 48 Signing Date:11.08.2025 19:46:11 This Court was prima facie satisfied of the untenability of the Judgment dated 28.05.1986 passed by the Ld. Additional Sessions Judge, New Delhi in Sessions Case 11/86 whereby four accused persons were acquitted in a case of alleged arson and killing of one Harbhajan Singh, a Sikh, as part of the pogrom which ensued in Delhi after the assassination of Ms. Indira Gandhi, former Prime Minister of India in 1984. Events leading to the institution of the present Revision Petition 2. As is evident from a perusal of the Order dated 29.03.2017, this Court was considering the following appeals which had been filed challenging the Judgment dated 30.04.2013 passed by the Ld. District