Petition to strip Amod Kanth,junior cop of gallantry medals dismissed

“The 1984 riots in Delhi have left deep scars in the collective memory of the nation,especially the Sikh community. The role of the state machinery has come under critical scrutiny. It is arguable that in the context of a tragedy of such proportions,the state ought to display sensitivity to the feelings of the victim community and be circumspect in hastening to award gallantry medals to the officials of the law enforcement machinery soon after the events. Yet,the scope of judicial review in such matters is limited,” noted the court.

Justice Muralidhar,however,added that with regard to the decision itself,it could not be said the material produced before the authorities failed to make a case for awarding the gallantry medals to Kanth,then Deputy Commissioner of Police,Central district,and SHO of the Paharganj police station S S Manan. “The original file containing the citation and notes leading to the decision of the President has been produced before and perused by the court. They reflect the application of mind by several authorities in a hierarchical manner up to the Prime Minister and the President of India,” held the court.

The petitions,asking for a court order to the Centre to strip the two officers of their Police Medals,were filed by riot victims Amrik Singh Lovely and Trilok Singh. The duo had sought a direction to the Ministry of Home Affairs to withdraw the Police Medals for gallantry conferred on Kanth and Manan through a presidential notification on June 7,1985.

Sixteen persons,including four children and five women from the families of Amrik and Trilok,were arrested on November 5,1984,from the Paharganj area for allegedly opening fire on a mob that led to the deaths of two men,including an Army jawan. All of them were released on bail a week after their arrest,and the case was closed in 1988 after the prosecution sought its withdrawal from the trial court.

The petitioners,however,challenged the grounds of their entitlement to the medals,stating police had falsely alleged that the members of the two families were apprehended while they were firing at security personnel. Amicus curiae H S Phoolka also contended that the award’s citation presented a one-sided police version of the incident,wrongly projecting that the members of the two families were the persons responsible for firing on the public as well as the military and police.

The court,however,observed: “The context for the decision to award the medals was the courage and gallantry displayed by the policemen. The petitioners’ version of the incident does not negate the presence of the respondents (Kanth and Manan) or their efforts in controlling the situation.”