Supreme Court Quashes Disciplinary Action Against Police Officer in 1984 Anti-Sikh Riots Case

The Supreme Court of India recently delivered a significant judgment in the case of Durga Prasad vs Govt. of NCT of Delhi & Ors., setting aside the disciplinary action against a police officer accused of dereliction of duty during the 1984 Anti-Sikh riots. The judgment, delivered by Justices Pamidighantam Sri Narasimha and Manoj Misra, brings closure to a decades-long legal battle that began in 1984 and spanned multiple judicial forums.

The case revolves around allegations against Durga Prasad, who was serving as the Station House Officer (SHO) of Police Station Kingsway Camp, Delhi, during the riots that erupted following the assassination of Prime Minister Indira Gandhi. The riots resulted in widespread violence, loss of life, and property damage. In 1992, Prasad was charged with dereliction of duty for allegedly failing to control the riots in his jurisdiction. An inquiry officer exonerated him in 1999, but the disciplinary authority disagreed and ordered a de novo inquiry. This decision was challenged and set aside by the Central Administrative Tribunal (CAT), which allowed the disciplinary authority to issue a fresh disagreement note.

The disciplinary authority then issued a note expressing its opinion that Prasad was guilty and imposed a penalty of reduction in rank. Prasad challenged this order, and the High Court of Delhi found fault with the disagreement note, calling it a pre-judgment of guilt. The High Court set aside the punishment but granted liberty to the disciplinary authority to issue a fresh disagreement note. Prasad appealed to the Supreme Court, arguing that the matter should be closed given the prolonged delay and his retirement.

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The Supreme Court carefully examined the inquiry report and the disagreement note. The inquiry officer had exonerated Prasad, noting that there was no evidence to prove the charges against him. The officer highlighted that Prasad had acted with the limited resources available and had taken steps to protect critical installations and vulnerable groups. The disciplinary authority, however, disagreed, emphasizing what Prasad had not done rather than evaluating his actions in the context of the chaotic situation.

The Supreme Court observed that the disciplinary authority’s disagreement note was flawed. It ignored key findings of the inquiry report, such as the limited resources available to Prasad, the commendation from his immediate superior, and the arrests made during the riots. The Court noted that the disagreement note was more an expression of opinion than a reasoned dissent. The Court also highlighted the excessive delay in the proceedings, which spanned over 40 years, and the fact that Prasad had already retired.

In its judgment, the Supreme Court emphasized the importance of fairness in disciplinary proceedings, especially in cases involving alleged omissions during crises. The Court stated, “In hindsight, it is easy to say that things could have been handled better if they had been done this way, or that way. But if this alone is taken as a basis to punish police personnel who, though may not have delivered the desired result, have done their best, commensurate to the resources available to them at the relevant time, grave injustice would be done.”

The Court allowed Prasad’s appeal, set aside the High Court’s order granting liberty to the disciplinary authority, and affirmed the quashing of the punishment. Prasad was granted all consequential benefits, including revision of pension if applicable. The judgment brings relief to the octogenarian former officer and underscores the need for empathy and fairness in evaluating actions taken during extraordinary circumstances.

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Petitioner Name: Durga Prasad.
Respondent Name: Govt. of NCT of Delhi & Ors..
Judgment By: Justice Pamidighantam Sri Narasimha, Justice Manoj Misra.
Place Of Incident: Delhi.
Judgment Date: 23-04-2025.
Result: allowed.

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