The Delhi High Court on Monday dismissed the writ petition filed by the People’s Union for Democratic Rights and the People’s Union for Civil Liberties seeking an inquiry into the November riots.
Justice Yogeshwar Dayal and Justice B.N Kirpal said in their separate judgments running into 70 pages that the Government’s decision not to appoint a commission of inquiry was political. The court should not question the decision.
“Courts should never be resorted to for political games. If the courts start entering into the political arena directly or indirectly, expressly or impliedly, they will cause serious damage to the institution of judiciary,” justice Dayal said in his main judgment.
An inquiry by the court will not reveal any new fact which is not already before the public.
“But the inquiry will be exploited by communalist’s of all groups to project themselves as spokesmen for one community. There will be charges and countercharges, real or imaginary. The inquiry will not alleviate the feelings of the riot stricken people but would rather exacerbate them,” the judge said.
The judgment stated that under the Criminal Procedure Code, investigations of this nature are entrusted only to the police. “It is not even subject to the normal supervisory power of the court.” A recent judgment of the Supreme court, in Sampatlal’s case was quoted in this context.
Article extracted from this publication >> March 30, 1990
