COURT ON ITS OWN MOTION vs MAHENDER SINGH MANAN & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 30.05.2025 Judgment pronounced on: 11.08.2025 + CRL. REV. P. 248/2017 COURT ON ITS OWN MOTION .....Petitioner Through: Mr. Sumeet Verma, Senior Advocate (Amicus Curiae) with Mr. Mahinder Pratap Singh, Mr. Bikas Kumar Jha, Advocates. versus MAHENDER SINGH MANAN & ORS. .....Respondents Through: Mr. Ashneet Singh, APP for the State. Mr. H.S. Phoolka, Sr. Adv. with Mr. Gurbaksh Singh, Ms. Surpreet Kaur and Ms. Kmna Vohra, Advocates for Complainant. Ms. Tarannum Cheema, Mr. Akash Singh and Mr. Akshay N., Advocates for CBI. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Criminal Revision Petition was instituted in the Suo Moto exercise of powers under Section 401 of the Code of Criminal Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA CRL. REV. P. 248/2017 Page 1 of 26 Signing Date:11.08.2025 20:41:35 Procedure, 19731, pursuant to the Order dated 29.03.2017 passed by this Court. This Court, on prima facie assessment, found that the Judgment dated 04.08.1986 passed by the learned Additional Sessions Judge, New Delhi2 in Sessions Case No. 33/86 titled as State vs. Mahender Singh Manan & Ors, was unsustainable. The Ld. ASJ, by the said judgement, acquitted the two accused persons in the case of the alleged killing of one Shri Avtar Singh, a Sikh, during the riots which ensued in Delhi in the year 1984, in the aftermath of the assassination of Mrs. Indira Gandhi, former Prime Minister of India. BRIEF FACTS: 2. The assassination of Mrs. Indira Gandhi, former Prime Minister of India, in the year 1984, culminated in widespread riots in the entire city of Delhi. A devastating result of which, inter