NEW DELHI, NOV 3: A senior law officer of Central Government has recommended a fresh probe into a closed 1984 anti-Sikh riots case against former Union minister H K L Bhagat, saying that the police was predetermined to absolve him."I find that in this case, there are strong reasons warranting order for further investigation as the case has been probed irresponsibly," Additional Solicitor General (ASG) K K Sud said in his opinion to Delhi Lt Governor Vijai Kapoor.The Lt Governor had sought legal opinion from the ASG following a representation by '84 Riots Carnage Justice Committee, a body of eminent persons fighting for justice for the victims of the riots.The Committee had given the representation after Bhagat was exonerated by a city court in a murder case relating to riots in Mansarovar Park in East Delhi, after the police said there was no evidence against him."A probe into the investigation of the case leaves me in no doubt that whole material was collected (by the police) with predetermination to absolve prime accused H K L Bhagat," Sud said in his opinion.This opinion was strengthened by the fact that evidence of complainant Harminder Kaur, whose husband was killed, was not "considered sufficient by the Magistrate for taking cognizance against Bhagat", Sud added.Metropolitan Magistrate J P Narain, while accepting the police report giving clean chit to Bhagat, had cleared him of the allegations on September 11.Recommending a fresh probe into the case, the ASG said the matter should be expedited so that supplimentary chargesheet was filed and the trial did not get unnecessarily delayed.He, however, opined that there was no need to file a revision petition against the order of the Magistrate refusing to take cognizance of the offence against Bhagat.The right perspective would have been a direction to the investigating agency to probe the case further as the Magistrate was competent to decline acceptance of the final report submitted by the police, he said.Since the case was triable only by a sessions court, the Magistrate, after summoning Bhagat, could have committed the case to the sessions judge, Sud said.It was for the sessions judge either to frame charges against Bhagat or to discharge him after satisfying himself that there was no sufficient evidence to go ahead with trial.The police in the final report had stated that Bhagat's presence could not be established at the scene of occurence during the riots on November 1, 1984.However, the Magistrate had issued summonses to five other co-accused - Har Parshad Bhardwaj, Ram Prakash Tiwari, Jagdish Giri, Suraj Giri and Kamlesh for today.The FIR in this case against Bhagat, who is also facing trial in another riot case, was registered in 1996 on Harminder Kaur's complaint alleging that he had instigated people for rioting in Mansarovar Park area. Kaur's husband, son and son-in-law were allegedly burnt alive by a mob.
