New Delhi: A Delhi court on Tuesday sentenced former Congress leader Sajjan Kumar to life imprisonment for his role in the 1984 Anti-Sikh riots, specifically for the murder of a father-son duo in the Saraswati Vihar area. The verdict follows Kumar’s conviction on February 12, marking another significant legal development in the decades-long pursuit of justice for riot victims.
Court’s Ruling and Sentencing
Special Judge Kaveri Baweja pronounced the verdict, sentencing Sajjan Kumar to life imprisonment under Section 302 (murder) read with Section 149 (unlawful assembly) of the Indian Penal Code (IPC). Additionally, he received another life term under Section 436 (mischief by fire) read with Section 149 IPC for the destruction of property. Kumar has also been sentenced for other related offences for which he was convicted.
The Rouse Avenue Court had previously reserved its order on sentencing on February 21, with riot victims urging the court to impose the death penalty.
Prosecution’s Demand for Capital Punishment
During the sentencing arguments, senior counsel H.S. Phoolka, representing the victims, submitted written arguments advocating for capital punishment. Additional Public Prosecutor (APP) Manish Rawat also argued for the death penalty, citing legal precedents, including the Nirbhaya case, and emphasizing the "rarest of rare" nature of the crime.
"This was not an isolated incident but a systematic targeting of a community. The riots shattered communal harmony and deeply fractured societal trust," Rawat argued.
The prosecution further pointed out that Kumar was already serving a life sentence following his 2018 conviction by the Delhi High Court in a separate case related to the 1984 riots.
Defense’s Arguments
Kumar’s counsel, Advocate Anil Sharma, contended that:
- His name did not appear in initial reports, and there was a 16-year delay in identifying him as an accused.
- The legal framework of foreign nations should not apply to this case.
- His 2018 conviction is under appeal before the Supreme Court.
The defense also disputed the reliability of the witness statements, arguing that Kumar’s name was only mentioned after the complainant allegedly recognized him in a magazine one and a half months later.
Prosecution’s Rebuttal & Context of the Riots
In response, the prosecution emphasized that the complainant named Kumar as soon as she became aware of his identity. They further argued that:
- The investigation into Sikh riot cases was deliberately delayed and manipulated to protect the accused.
- The violence was part of a larger massacre, amounting to genocide, as acknowledged by the Delhi High Court in a previous ruling.
- The official death toll in Delhi alone stood at approximately 2,700 Sikhs, underscoring the scale of the tragedy.
Senior Advocate Phoolka also cited international legal precedents on genocide and crimes against humanity, referring to judgments from foreign courts and the Geneva Convention.
Case History & SIT Investigation
The Special Investigation Team (SIT), constituted following a Supreme Court directive, reopened the case after a Justice G.P. Mathur Committee recommendation. The charge sheet, initially prepared in 1992, was reportedly deliberately suppressed until the SIT revived the case.
The SIT’s investigation established that Sajjan Kumar led the mob, which burnt alive Jaswant Singh and his son Tarundeep Singh, looted their property, and inflicted severe injuries on family members. The complainant’s statement, recorded in 2016, detailed the violence, destruction, and injuries suffered during the attack.
1984 Riots: A Dark Chapter in Indian History
The 1984 anti-Sikh riots erupted in the aftermath of Prime Minister Indira Gandhi’s assassination on October 31, 1984, by her Sikh bodyguards. The riots led to the killing of at least 2,800 Sikhs in Delhi alone, with widespread violence reported across the country.
The opinions posted here do not belong to 🔰www.indiansdaily.com. The author is solely responsible for the opinions.
As per the IT policy of the Central Government, insults against an individual, community, religion or country, defamatory and inflammatory remarks, obscene and vulgar language are punishable offenses. Legal action will be taken for such expressions of opinion.